The Federal Government has ordered the release of former National Security Adviser (NSA), Col. Sambo Dasuki and convener of #RevolutionNow protest Omoyele Sowore, less than 24 hours after an attack on freedom protesters at the office of the National Human Rights Commission (NHRC) in Abuja, on Monday.
The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami made this public in a statement on Tuesday.
It would be recalled that a group of human rights activists led by Mr Deji Adeyanju came under attack by another counter group while demanding the release of Sowore from the custody of the Department of State Services (DSS).
Malami, however, stated that the decision to release them was in compliance with the bail granted the two by the court.
The statement reads: “The office of the honourable Attorney General of the Federation has reviewed the pending criminal charges against the duo of Col. Sambo Dasuki (rtd.) and Omoyele Sowore.
“Whilst the Federal High Court has exercised its discretion in granting bail to the Defendants in respect of the charges against them, I am also not unmindful of the right of the Complainant/Prosecution to appeal or further challenge the grant of bail by the court having regards to extant legal provisions, particularly Section 169 of the Administration of Criminal Justice Act, 2015.
“However, my office has chosen to comply with the court orders while considering the pursuit of its rights of appeal and/or review of the order relating to the bail as granted or varied by the courts.
“In line with the provisions of Sections 150(1) of the 1999 Constitution (as amended), and in compliance with the bail granted to Col. Sambo Dasuki (Rtd) (as recently varied by the Court of Appeal) and the bail granted to Omoyele Sowore, I have directed the State Security Services to comply with the order granting bail.
“The two defendants are enjoined to observe the terms of their bail and refrain from engaging in any act that is inimical to public peace and national security as well as their ongoing trial which will run its course in accordance with the laws of the land.
“I wish to reiterate again the utmost regard of my office for the entire judicial structure of Nigeria.
“This administration remains unrelenting in deepening the rule of law and the administration of justice in general.”
Nigeria’s attorney general Abubakar Malami gave the order in a statement released in Abuja on Christmas Eve.
The statement overrides the Department of State Security (DSS)’s decision to ignore court orders for release on bail of the two. Dasuki has been held in detention since 2015 while Sowore has been held since Aug. 3, 2019. Two courts have previously ordered the release of the two on bail without DSS complying with the order.
The attorney-general made it clear the two defendants are not free from the charges against them. “The two defendants are enjoined to observe the terms of their bail and refrain from engaging in any act that is inimical to public peace and national security as well as their ongoing trial which will run its course in accordance with the laws of the land.”.
IN THE CASE OF OMOYELE SOWORE
Sowore, for instance, will not be able to return to his family in New Jersey for Christmas because the terms of his bail restricted him to Abuja.
In his first public statement as he emerged from DSS detention, Sowore said to the media: “The only thing is to thank Nigerians; they made this happen; they should not relent,” he said. “Nobody can take a people who are determined for granted.”
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While Sowore has been in detention since August, it was his dramatic forcible re-arrest earlier this month in an Abuja court less than 24 hours after being released on bail that drew international attention and heavy criticism at home and abroad for the Nigerian government. Sowore, who ran for presidential office against president Buhari in February has been accused of attempting to organize a revolution against the government.
Just last week, US Senators Robert Menendez, Charles Schumer, Christopher Coons, Cory A. Booker and US House of Representatives Bill Pascrell and Josh Gottheimer, sent a letter to Nigeria’s Attorney General of Nigeria. In the letter they reminded Malami Nigeria risked losing its standing as a leading democracy in Africa, its close relationship with the United States and have its name tarnished if the government continued to ignore court order to release Sowore.
While many in Nigeria had taken this case as singular matter between one journalist Sowore, founder of Sahara Reporters, and the Nigerian government, it quickly ballooned, giving Nigeria a bad name at a time when it could not afford one. But more importantly, it is most likely going to lead to permanent policy changes with countries that have been supportive of various efforts by Buhari’s government to restore security across Nigeria.
Last week, at the US House of Representative’s Committee on Oversight and Reform sitting on the subject of US Counterterrorism Priorities and Challenges in Africa, Judd Devermont, the Africa Program director at the Center for Strategic and International Studies advised US lawmakers to stand up for human rights and democracy. He said such a stance was fundamental to US counterterrorism strategy. “If a government is guilty of gross human rights violations, it is in the US interest to first withhold assistance and then take all necessary measures to resume engagement.” In 2017, Nigeria received $644 million in foreign aid from the United States.
