NIGERIAN JUDICIARY TODAY

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, raises serious questions on the hope of a common man and the place of the Judiciary in Nigeria
nascent democracy.

On the 5th December 2019, Mr. Sowore and Bakare were released from the custody of the DSS hours after Justice Ijeoma Ojukwu of the Federal High Court in Abuja gave the DSS a 24 hours ultimatum for their release. This action was commended by the justice, while adjourning the case till 11^th February 2020 on the 6th December 2019.

But few minutes after the adjournment, some men of the DSS stormed the courtroom and charted away Sowore in a manner that is alien to the nation’s Constitution, rule of law and the principle of separation of power.

Before their release on 5th December 2019, the DSS has flagrantly disobeyed several court injunctions mandating them to release the duo.

The first among this muscle-flexing was the refusal of the DSS to obey the judgment delivered by Justice Taiwo Taiwo of the Federal High Court, Abuja, on 24th September 2019.

In his ruling, the Justice granted bail to Sowore with the sole condition that he deposit his passport in the court’s registry but the DSS refused to obey. This was the justice that granted the DSS’s prayer

to detain Sowore for 45 days on 8th August 2019. The second display was the blatant disobedient to the judgement of the Federal High Court, Abuja, on 6th November 2019.

Justice Ijeoma Ojukwu while considering the seven counts of treasonable felony, money laundering and cybercrimes which was instituted against Sowore by the Office of the Attorney-General of the Federation and the application for bail by the defence counsel, granted Sowore and Bakare

bail on 6th November, 2019 but the DSS refused to release them.

This refusal made the justice to threatened the DSS boss, Yusuf Bichi with jail on 12th November, 2019. Despite this threat, Sowore was not released until 5th December, 2019, a few hours after the justice gave a 24 hours ultimatum with a fine of 100 000 Naira.

Not up to 24 hours after their released the DSS operative invaded the sanctuary of justice disrupted the court proceeding, turned the court web to a struggle field and carted away their prey. This dramatic expression seems to be unprecedented in the history of the arm known as

the last hope of an ordinary man.

However, the usurpation of judicial power by the DSS in the recent time started by the refusal of the agency to release Col. Sambo Dansuki, Sheik Zakzayki, and others still in the DSS custody despite several court injunctions ordering their release.

This took another dimension by a midnight invasion on the buildings of some Justices under the guise of war against corruption in 2016. This resonated to a high altitude by the removal of the Cheif Justice of Nigeria days to the general election in 2019. An affront described as being historic in Nigeria.

Though, the stated reasons for this display most times are national security, public interest, a war against corruption among others which no nation will want to trade on the alter of fundamental human rights but not to the extent where the judiciary is reduced to a toothless bulldog.

Based on the provision of section 6 of the Federal Republic of Nigeria 1999 Constitution, as amended 2011, the judiciary is responsible for the interpretation of laws and settlement of all disputes in Nigeria, both between individuals, individual and government and the arms of

government. But the recent acceleration in the operation of the DSS seems to suggest otherwise.

In fact, the manner at which the DSS disobeys the order of the court these days seems like the DSS had established a parallel court which they consult after visiting the normal court to decide whether to obey a court order or not.

However, this flagrant disobedience to the court order might not be unconnected to their experiences in their crackdown on the allegedly corrupt judicial officers dwelling in the temple of Justice. But at the same time, it raises the question as to why taking the offenders to the judiciary when the decision on the next line of action has already been made?

In the case of Sowore for instance, the same justice who granted the DSS permission to detain him for 45 days on 8th August, 2019, was the one who granted him bail on the 24th September, 2019, which the DSS refused to obey. To show the position of the judiciary in Nigeria democracy

today.

As a matter of fact, no democracy can grow in a country where the judiciary has to study the body language of the executive or its agencies before dispensing judgement. This is because judicial

independence is a cornerstone of democracy and a pabulous ingredient for peace and development. It anchors nation respect in the international community and makes a country attractive to investors.

Therefore, it is pertinent to restore the Judiciary to its constitutional position by respecting all judgements irrespective of the side it takes. Because a State where there is a blatant disregard for a court judgement, rule of law, the principle of separation of power to achieve peace, progress, and development will be like looking for God among men.

Femi Oluwasanmi,

Ibafo, Ogun State.