• Friday, March 29, 2024
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BusinessDay

Sowore’s Release: Malami replies Falana

Attorney-General of the Federation and Minister of Justice (AGF), Ababukar Malami

The Attorney General of the Federation and Minister of Justice, Abukakar Malami (SAN), has accused human rights activist and lawyer to Omoyele Swore, Femi Falana, of concocting lies concerning release of Sowore to mislead the public.

Falana had said over the weekend that Malami does not possess the constitutional power to release anyone on compassionate grounds.

Responding to Malami’s claim that Sowore, convener of the RevolutionNow movement, and Col Sanbo Dasuki (rtd), former national security adviser, were released on compassionate grounds, Falana said: “The 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.”

In a letter addressed to Malami, Falana said only the President and state governors are entitled to exercise the prerogative of mercy or release any convicted person on compassionate grounds.

“It 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,” he said.

“In 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 Sowore’s 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.”

“The government is not permitted to refuse to comply with the order of bail under the pretext of defending the security of the nation. Even under the defunct military dictatorship, detaining authorities were not authorized to incarcerate any person for “security reasons” in defiance of court orders.

“With respect, the federal government has itself to blame for the needless controversy that has trailed the release of the duo. But 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.

“That is what is expected of you in accordance with section 32 (6) of the 1999 Constitution. It is not an occasion for grandstanding or an arrogant display of power.”

However, the AGF on Monday said, Falana’s claims was “replete with misinformation and evinces lack of proper understanding of the law and issues implicated.”

In a statement yesterday by Dr. Umar Jibrilu Gwandu, Special Assistance, Media and Public Relations Office of the Attorney-General of the Federation, said: “Our attention has been drawn to a letter circulating on the media, purportedly written by Mr. Femi Falana, SAN and titled “Re: Why FG Released Dasuki, Sowore – Malami”, in response to the statement issued on December 24th 2019 by the Office of the Honourable Attorney General of the Federation and Minister of Justice (HAGF) in relation to the subject.

“The initial reaction of the Office of the Honorable Attorney-General of the Federation was to ignore the letter, as it is replete with misinformation and evinces lack of proper understanding of the law and issues implicated. The Office of Attorney General of the Federation has, however, decided to respond thereto in order to clarify the issues involved in the overall interest of the Public.

“First, it is beyond doubt that the Federal Government of Nigeria or any Prosecuting Authority has been vested with Constitutional right of appeal in Criminal Prosecutions. These rights extend to Rulings on Bail and right to seek to vary terms of Bail, among others. Thus, in any circumstance where this right is waived by the Prosecution, it can only be for valid reasons, including compassion, after all connected issues have been duly considered.

“It is further appalling to note that in a bid to garner media-hype in condemnation of a valid governmental action taken in good faith and in the interest of the general public, Mr. Falana, SAN resorted to quoting non-existing Sections of the Constitution by stating that: ‘Mr. Malami SAN should have apologized to Col. Dasuki (Rtd.) and Mr. Sowore in accordance with Section 32(6) of the 1999 Constitution…’. It is unfortunate that a Senior member of the Bar could resort to concoctions and fabrications of non-existing provisions just to score cheap media publicity.

“Another attempt to confuse the facts and misinform the general public was Mr. Falana’s reliance on Sections 175 of the Constitution
on Prerogative of Mercy. It is important to highlight that the Statement issued by the Office of the Attorney General of the Federation and Minister of Justice, which Mr. Falana was allegedly responding to, did not howsoever state that the duo of Dasuki and
Sowore were released further to the Constitutional provisions on Prerogative of Mercy. A lawyer of Mr. Falana’s status should thus
desist from stretching arguments beyond reasonable limits in order to score cheap political points. It is a common knowledge that Prerogative of Mercy and compassion simpliciter are two different
concepts.”

The AGF stated further: “In the premise of the foregoing, the General Public should be rest assured that the Federal Government of Nigeria led by President Muhammadu Buhari GCFR is committed to preserving the unity of the nation in accordance with the Rule of Law and respect for the Constitution. Citizens should thus be wary of the antics of persons bent on confusing the general public through mischief.”

 

Felix Omohomhion, Abuja