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.
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 11th 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.
Comments
Post a Comment