Professor Wole Soyinka has said that with the new move of the President Muhammadu Buhari’s administration on Omoyele Sowore, “Further checks have however confirmed that this government has indeed attained an unprecedented level of paranoia.”
Soyinka, reacting to the 7-count charge slammed against Sowore, who has been in detention following a court pronouncement, said the the new was “utterly depressing.”
The Nobel laureate winner added that on hearing the news, “I can testify that the immediate reaction around me was to dismiss this as yet another grotesque product of Fake News, of which Nigerians have become the greatest practitioners. I confess that I also joined in this school of thought – at the start.”
Soyinka said in a statement titled BACK TO THE TREASONABLY FELONIOUS FORMULA: This is utterly depressing news. So, the Sowore affair has moved beyond harassment and taken on a sinister direction.
Outside the country where I happened to be engaged at the moment, I can testify that the immediate reaction around me was to dismiss this as yet another grotesque product of Fake News, of which Nigerians have become the greatest practitioners. I confess that I also joined in this school of thought at the start.
Further checks have however confirmed that this government has indeed attained an unprecedented level of paranoia. I do not believe that the Justice department itself believes in these improbable charges, as formally publicised.
So, once again, we inscribe in our annals another season of treasonable felony, History still guards some lessons we have yet to digest, much less from which to learn. Welcome to the Club, Mr Omoyele Sowore.
Meanwhile, as yesterday marked day 45 that the convener of the RevolutionNow protest, Omoyele Sowore, has been in the Department of State Service (DSS) detention, Lagos State chapter of the Africa Action Congress (AAC) Legal Team, asked the Federal Government for his immediate release.
Reacting to the freshly 7-count charge suit on the Sahara Reporters’ publisher by the Federal Government, the league of lawyers said that, “We are not aware that Sowore was remanded to prison by any court order on 20th September, 2019.”
The AAC affirmed that “in the events preceding the charge, we have unequivocally maintained that unless a definite charge is brought against him, his continuous detention cannot be justified under the Nigerian Constitution.”
The full statement made available to newsmen, and signed by the Head of the AAC Legal Team, Tope Akinyode, titled, “Upon Completion Of 45 Days, Sowore Must Be Immediately Released From DSS Detention Today Without Any Further Ado”, reads: “Our attention has been drawn to the 7-count-charge of treasonable felony, among others, which the DSS preferred against Omoyele Sowore on 20th September, 2019.
“In the events preceding the charge, we have unequivocally maintained that unless a definite charge is brought against Omoyele Sowore, his continuous detention cannot be justified under the Nigerian Constitution.
“This is because the ex parte order upon which the DSS is granted permission to withhold Sowore for 45 days negates the fundamental principle of fair hearing and the ex parte order has since been challenged before the court.
“However, in the prevailing circumstances, need has arisen for the DSS to let go of Sowore before today runs to an end. We are not aware that Sowore was remanded to prison by any court order on 20th September, 2019.
“In criminal matters, pending when bail application is made on behalf of a Defendant, he may be temporarily remanded by court. The Defendant (Sowore) was not remanded by court order yesterday.
“However, the 45-day court order upon which the DSS has continuously held on to him Sowore expires today, 21st September, 2019. Based on the foregoing, we hereby call on the DSS to release Omoyele Sowore from their facilities with immediate effect.
“We submit that the DSS lacks the judicial, statutory or constitutional jurisdiction to further withhold Sowore any moment from today and it would amount to a rape on the Nigerian Constitution if the DSS refuses to release Sowore today.”
Similarly, the Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to the Attorney General of the Federation and Minister of Justice, Mr Abukabar Malami, SAN, urging him to use his position “to without delay enter a nolle prosequi and discontinue the prosecution of the Convener of ‘RevolutionNow’ protest and publisher of Sahara Reporters, Mr Omoyele Sowore, and Olawale Bakare, also known as mandate for apparently politically motivated charges of treason, fraud and ‘insulting President Muhammadu Buhari’.”
SERAP said: “We urge you to use your role as a trustee of the public interest under Section 174 of the Nigerian Constitution of 1999 (as amended) to end several of similar trumped-up cases going on in several states.”
In the letter dated 21 September, 2019 and signed by SERAP Deputy Director, Kolawole Oluwadare, the group said: “Sowore’s case and several similar cases instigated/brought by state governors make a hideous mockery of Nigeria’s criminal justice systems, rule of law, freedom of expression and media freedom. These cases are persecution and not prosecution. As guardian of the public interest, you have a role to end this travesty now, and to maintain the sanctity and integrity of Nigeria’s justice system.”
SERAP also said: “These cases set a dangerous precedent for the misuse and subversion of the justice system, which may lead to the politicization of judiciary. This will be bad for everyone—ordinary citizens, journalists and even the politicians in power, as they may themselves become targets of these repressive and abusive tactics when they are out of power/in opposition.”
The letter read in part: “While the Nigerian government has the responsibility to prevent and prosecute criminal offences, it ought to do so lawfully, and in full compliance with human rights and the rule of law. Exercising your constitutional independence and discretion to withdraw these kinds of charges would meet the text of reasonableness, demands of justice, and as noted, serve the public interest.
“Laws against terrorism and money laundering should be properly used, and not to undermine critical voices, activists, and the media. Invoking the charges of treasonable felony to unjustifiably or arbitrarily restrict the right to freedom of opinion and expression would minimise the seriousness with which our laws traditionally treat such offences, and undermine the essence of the criminal justice system and the rule of law.
“If not urgently addressed, the misuse of the criminal justice system and politicization of Nigeria’s judiciary would jeopardise the independence of the judiciary and the rule of law and lower the public estimation of the ability of our justice system to serve as the last hope of justice for desperate victims. Unless these bogus charges are immediately withdrawn, there is a danger that the public interest represented by the courts and that represented by your role, might part company.
“Attacks on journalism are fundamentally at odds with protection of freedom of expression and access to information, which in turn is key to promoting transparency and accountability, and the achievement of the government’s anti-corruption agenda.
“Withdrawing this case would send a strong message to many state governors that your office will not accept their persistent abuse of the criminal justice systems to jail journalists, bloggers and activists, just as it is, for example, the case in Cross River State, where journalists, Agba Jalingo and Ekanem Ekpo have been charged with treason and now being detained for 90 days simply for reporting about an alleged diversion of N500million by the Cross River Governor, Prof Ben Ayade.
“As Nigeria’s chief law officer, it is vital to our democracy, judicial independence and rule of law for you to stop the Federal Government and state governors from misrepresenting the country’s constitutional jurisprudence and international obligations in the matters of freedom of expression and media freedom.
“SERAP notes that, last Friday, the Federal Government filed a seven-count charge of cybercrimes of insulting Mr Buhari, money laundering and treasonable felony against Sowore and Bakare. The charges followed their detention by security operatives on 2nd August, 2019. Order was his detention was not made until the 8th of August.
“SERAP also notes that at a forum we organized in June, 2019 to discuss the legality of the Cybercrimes Act, your representative and the Head of Cybercrimes Prosecution Unit in the Ministry of Justice, Mr. Terlumun George Tyendezwa said the Justice Ministry was committed to pursuing the amendment of the Act, to remove its repressive provisions like insulting public officials, which is now being used in this case, and frequently to undermine freedom of expression, media freedom and provide special protection for public figures including president and state governors.
“Nigerian Constitution and international human rights treaties such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party protect even shocking and offensive speech.
“Article 19 of the International Covenant on Civil and Political Rights guarantee everyone’s right to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media, including in the form of art.
“The Human Rights Committee in fact underlines in General Comment 34 that laws should not provide for more severe penalties solely on the basis of the identity of the person and that the value placed by the Covenant upon uninhibited expression is particularly high in cases involving public or political figures. Thus, the mere fact that forms of expression are considered to be insulting to these figures is not sufficient to justify the imposition of penalties.
“These restrictions on freedom of expression and media freedom cannot meet the basic tests of legality, reasonableness and proportionality. It is normal for expression to provoke controversy, reaction and discourse, even anger but not punishment, fear and silence.
“We hope that the aspects highlighted will help guide your actions in acting to withdraw the charges against Sowore and Bakare, and several other similar charges instigated or brought by state governors across the county. We would be happy to provide further information or to discuss any of these issues in more detail with you”, SERAP added.