War As Femi Falana Blocks Buhari’s FG From Punishing Justice Taiwo, For Granting Sowore Bail

By Post-Nigeria: September 29, 2019 19:03

War As Femi Falana Blocks Buhari’s FG From Punishing Justice Taiwo, For Granting Sowore Bail

Femi Falana, a Senior Advocate of Nigeria, SAN, has said that the Department of State Security Services, DSS, has no right to report a Federal High Court Judge (Justice Taiwo Taiwo) to the National Judicial Council, NJC, for granting Omoyele Sowore, the Publisher of Sahara Reporters and Convener of the RevolutionNow Protests, bail.

In a statement issued on Sunday, Falana stated that the report on the DSS petitioning the NJC against Taiwo Taiwo, the Judge who granted bail to Sowore, is false.
He disclosed that the report is designed to blackmail and intimidate Judges in the case of the Activist.
“However, in a desperate bid to divert public attention from the contemptuous conduct of the DSS, the Federal Government has hurriedly pressurised the Federal High Court to assign the case for the arraignment of Sowore”, he said.
“I wish to state without any fear of contradiction, that the Federal High Court is competent to admit a person charged with a capital offence to bail, by virtue of section 161 of the Administration of Criminal Justice Act, 2015. But in this case, Sowore has not been charged with a capital offence.

“Treasonable felony is not a capital offence under section 41 of the Criminal Code. Even under the most brutal dictatorial regimes in Nigeria, our courts did not hesitate to uphold the fundamental right of the victims of repression to personal liberty, including those who were charged with treasonable felony.
“Having regards to the facts and circumstances of this case, the DSS cannot complain against the handling of the case by Justice Taiwo, who did not even entertain our application to quash the order for Sowore’s detention for 45 days. We had wanted to show that Sowore did not engage in any terrorist activity, to warrant his incarceration.
“In urging Nigerians to disregard the dubious report, it ought to be pointed out that Justice Taiwo has not been accused of any act of judicial misconduct, in ordering the conditional release of  Sowore from unlawful custody. After all, it was the DSS Counsel, Mr. Godwin Agbadua, who withdrew his fresh motion exparte for an order to further detain him for 20 days.

“To that extent, the National Judicial Council has no power to sanction a Judicial Officer, for exercising his/her discretion judicially and judiciously in an application for the bail of a citizen. In other words, since the NJC is not an Appellate Court, it cannot review the order for the conditional release of  Sowore from illegal custody.”
Recall, that Taiwo had ordered the DSS to release the Publisher of Sahara Reporters immediately, to his Lawyer.
The Judge held that there is no subsisting order to keep him in detention.
However, the DSS is yet to comply with the court’s decision.