Human rights lawyer, Femi Falana has asked Minister of justice and attorney-general of the federation, Abubakar Malami to apologize to Omoyele Sowore and Sambo Dasuki. Falana revealed this as he responded to Abubakarβs claim that he ordered the release of Sowore and Dasuki on compassionate ground. Malami said they were both freed not because of international pressure however, out of pity and respect for the rule of law. His words, βThe only reasons for the release of Omoyele Sowore and Sambo Dasuki revolved around our commitment to the rule of law, obedience to court orders and compassionate grounds.β However, in a recent letter to Malami, Femi said the attorney-general should have apologized to Sowore and Dasuki instead of making such a statement. He added that FG has itself to blame for the unnecessary controversy that trailed the release of Sowore and Dasuki. His words, βIt is trite law that once a trial court has granted bail to any person standing trial for any offence whatsoever and the bail conditions have been met the detaining authority shall release the person from custody without any further ado. βIn other words, the refusal to release a defendant who has been admitted to bail by a trial judge is tantamount to contempt of court. Hence, before Soworeβs release we had filed Forms 48 and 49 for the committal of the Director-General of the State Security Service to prison for contempt of court.β βThe government is not permitted to refuse to comply with the order of bail under the pretext of defending the security of the nation.β βEven under the defunct military dictatorship, detaining authorities were not authorized to incarcerate any person for βsecurity reasonsβ in defiance of court orders. βWith respect, the federal government has itself to blame for the needless controversy that has trailed the release of the duo. However, having belatedly deemed it fit to review your position and advise the federal government in line with the tenets of the rule of law you ought to have apologised to both Sowore and Dasuki. βThat is what is expected of you in accordance with section 32 (6) of the 1999 Constitution. It is not an occasion for grandstanding or arrogant display of power.β
FG Is To Blame For The Controversy That Trailed The Release Of Sowore β Falana
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Written By: Folami David
Verified Author & Editorial Contributor
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