Release Sowore now or else…! -By Agboola Osabia Esq.

Last week, I wrote an article “Sowore: A Wannabe Leader” and castigated Sowore about his disingenuousness when he organised a “Revolution Now” protest slated for the 5th August 2019, barely six months after he lost the presidential election. If I were in his shoes, I would probably have put the idea and the demands of the protest across to other activists who are not seeking for political positions. Those who also believed that he was disingenuous may have supported the cause but not without a little tweak to the slogan and agenda. But Sowore is his own person with his principles and as a mortal, he is bound to make erroneous decisions which sometimes might have serious consequences. In one of the clips I saw before his arrest, he mentioned that the DSS existence would become obsolete by the next day after the protest. Ayo Olukotun in his article “Sowore and the semantics of revolution” opine that Sowore’s use of the phrase “Revolution Now” is nothing more than an “intellectual laxity” an opinion that I also share. I also believe that some of Sowore’s remarks were probably flippant in face value especially his remark on DSS extinction.

Many pundits have talked about this event and two of these household names gave similar opinions. Yinka Odumakin claimed it was wrong for the DSS to arrest Sowore as he had not committed the offence he was arrested for and Mike Ozekhome (SAN) said that the prosecution would be unable to prove Sowore’s intention and conduct, and for that reason, the DSS had erred in arresting Sowore. I disagree with these thoughts. If a group of armed robbers planned to rob a bank, should they be left to carry out the robbery before arresting them? Or if a man planned to murder another man, should he be left to commit the murder and then make the arrest so that the prosecution could prove the man’s mens rea and actus reus? The event of the arrest was a breaking news at the time when pundits alike started their deliberations and, in that instance, some reasonable thoughts could have been lost but it is clear that no one knew whether Sowore prior to his arrest was under surveillance and if there was any evidence gathered by the DSS against him. But at least due process was followed to an extent when he was arraigned before the Federal High Court.

A reasonable law enforcement agency will arrest an accused person when an offence has been committed and where there is compelling evidence, charges should be filed. In Sowore’s case, was there compelling evidence put forward to the Federal High Court which warranted the refusal of bail? Or did the Court admit as evidence scores of flippant remarks made by the defendant? I am not privy to the brief presented by the prosecution, so my argument here will be based on ifs, buts, and how. If there was no compelling evidence after 45 days, what happens if Sowore is brought back to court, will the prosecution push for an adjournment? And will they continue to push for more and more adjournments as this sickening behaviour is rampant with our criminal justice system?

These are my concern especially knowing that the criminal justice system under this government is abysmal. Two profile cases that came to mind are Dasuki, El-Zakzaky and his wife. They were granted bail but denied their freedom by the government and its agency. If there was compelling evidence against these people why not put them through a trial that is devoid of indefinite adjournment. In the aforesaid cases, it seemed the court’s hands were tied as the court gave its ruling, but those holding them have shown that they are above the law. In Sowore’s case, if the court’s admittance in evidence is dead water and after several months of incarceration he was released, then many Nigerians will see the judiciary as another corrupt institution conniving with the government in settling old scores or incarcerating political opponents. I hope this is not the case especially in a democracy where the rule of law is paramount and, in a government, whose second in command is a law professor and a senior advocate.

So, in the event of the law enforcement agency coming up short on affirmative evidence before the court, will the court do the needful by discharging and acquitting the defendant on all charges? Or will Sowore, go on the same path as Dasuki and Mr and Mrs El-Zakzaky. It is worrisome if our law enforcement agency deliberately deploys absurd legal technicalities knowing that they are short of coming up with compelling evidence to incarcerate those that they disagree with notionally. This travesty of justice should have no place in our democracy, especially in this new millennium. If the agency does not have any compelling evidence against Sowore, they should not lock him up for the sake of currying for unnecessary favour from the higher authority and should desist from illegitimate policing practices. Therefore, release Sowore now or else this might result in unforeseen consequences. However, if the DSS holds a piece of cast-iron evidence against Sowore, Nigerians are patiently waiting to see how this will unfold.

Agboola Osabia, Esq.
Legal Practitioner