The latest drama by the Department of State Services (DSS) in their
\nquest to re-arrest Omoyele Sowore after creating tumultuous atmosphere
\nin the temple of justice on 6th December, 2019, raises serious questions
\non the hope of a common man and the place of the Judiciary in Nigeria
\nnacesant democracy.<\/p>\n
On the 5th December, 2019, Mr Sowore and Bakare were released from the
\ncustody of the DSS hours after Justice Ijeoma Ojukwu of the Federal High
\nCourt in Abuja gave the DSS a 24 hours ultimatum for their release. This
\naction was commended by the justice while adjourning the case till 11th
\nFebruary, 2020 on the 6th December, 2019.<\/p>\n
But few minutes after the adjournment, some men of the DSS stormed the
\ncourt room and charted away Sowore in a manner that is alien to the
\nnation’s Constitution, rule of law and the principle of separation of
\npower.<\/p>\n
Before their release on 5th December, 2019, the DSS has flagrantly
\ndisobeyed several court injuctions mandating them to release the duo.
\nThe first among this musle flexing, was the refusal of the DSS to obey
\nthe judgement delivered by justice Taiwo Taiwo of the Federal High
\nCourt, Abuja, on 24th September, 2019.<\/p>\n
In his ruling, the Justice granted bail to Sowore with the sole
\ncondition that he deposit his passport in the court\u2019s registry but the
\nDSS refused to obey. This was the justice that granted the DSS’s prayer
\nto detain Sowore for 45 days on 8th August, 2019. The second display was
\nthe blatant disobedient to the judgement of the Federal High Court,
\nAbuja, on 6th November, 2019.<\/p>\n
Justice ijeoma Ojukwu while considering the seven counts of treasonable
\nfelony, money laundering and cybercrimes which was instituted against
\nSowore by the Office of the Attorney-General of the Federation and the
\napplication for bail by the defence counsel, granted Sowore and Bakare
\nbail on 6th November, 2019 but the DSS refused to release them.<\/p>\n
This refusal made the justice to threatened the DSS boss, Yusuf Bichi
\nwith jail on 12th November, 2019. Despite this threat, Sowore was not
\nreleased until 5th December, 2019, few hours after the justice gave a 24
\nhours ultimatum with a fine of 100 000 Naira.<\/p>\n
Not up to 24 hours after their released the DSS operative invaded the
\nsanctuary of justice, disrupted the court proceeding, turned the court
\nweb to a struggle field and carted away their prey. This dramatic
\nexpression seems to be unprecedented in the history of the arm known as
\nthe last hope of an ordinary man.<\/p>\n
However, the usurption of judicial power by the DSS in the recent time
\nstarted by the refusal of the agency to release Col. Sambo Dansuki,
\nSheik Zakzayki, and others still in the DSS custody despite several
\ncourt injunctions ordering their release.<\/p>\n
This took another dimension by a midnight invasion on the buildings of
\nsome Justices under the guise of war against corruption in 2016. This
\nresonated to a high altitude by the removal of the Cheif Justice of
\nNigeria days to the general election in 2019. An affront described to be
\nhistoric in Nigeria.<\/p>\n
Though, the stated reasons for this display most times are national
\nsecurity, public interest, war against corruption among others which no
\nnation will want to trade on the alter of fundamental human rights but
\nnot to the extent where the judiciary is reduced to a toothless bulldog.<\/p>\n
Based on the provision of section 6 of the Federal Republic of Nigeria
\n1999 Constitution, as amended 2011, the judiciary is responsible for the
\ninterpretation of laws and settlement of all disputes in Nigeria, both
\nbetween individuals, individual and government and the arms of
\ngovernment. But the recent acceleration in the operation of the DSS
\nseems to suggest otherwise.<\/p>\n
Infact, the manner at which the DSS disobeys the order of the court this
\ndays, seems like the DSS had established a parrallel court which they
\nconsult after visiting the normal court to decide whether to obey court
\norder or not.<\/p>\n
However, these flagrant disobedience to the court order might not be
\nunconnected to their experiences in their crackdown on the allegedly
\ncorrupt judicial officers dwelling in the temple of Justice. But at the
\nsame time, it raises question as to why taking the offenders to the
\njudiciary when the decision on the next line of action has already been
\nmade?<\/p>\n
In the case of Sowore for instance, the same justice who granted the DSS
\npermission to detain him for 45 days on 8th August, 2019, was the one
\nwho granted him bail on the 24th September, 2019, which the DSS refused
\nto obey. To show the position of the judiciary in Nigeria democracy
\ntoday.<\/p>\n
As a matter of fact, no democracy can grow in a country where the
\njudiciary has to study the body language of the executive or it’s
\nagencies before dispensing judgement. This is because\u00a0 judicial
\nindependence is a corner-stone of democracy and a pabulous ingredient
\nfor peace and development. It anchors a nation respect in the
\ninternational community and makes a country attractive to investors.<\/p>\n
Therefore, it is pertinent to restore the Judiciary to it’s
\nconstitutional position by respecting all judgements irrespective of the
\nside it takes. Because a State where there is a blatant disregard for
\ncourt judgement, rule of law, principle of separation of power to
\nachieve peace, progress, and development will be like looking for God
\namong men.<\/p>\n
Femi Oluwasanmi,
\nIbafo,
\nOgun State.<\/p>\n
The latest drama by the Department of State Services (DSS) in their quest to re-arrest Omoyele Sowore after creating tumultuous atmosphere in the temple of justice on 6th December, 2019,…<\/p>\n","protected":false},"author":1,"featured_media":70805,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[7],"tags":[],"class_list":["post-70804","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles-opinions"],"yoast_head":"\n