Sowore

Omoyele Sowore (“Sowore”) is a Nigerian activist and founder of Nigerian online news organisation, Sahara Reporters (SR). SR is a dreaded news agency, well known for exposing corrupt government officials and other persons suspected of high level crimes. Although seen by some as a credible organisation fighting for the Nigerian people, others nurse the feeling that the organisation equally involves in propaganda.

Quite recently, Sowore gained the status of a Former Presidential Aspirant having contested the 2019 presidential elections which he lost to President Muhammadu Buhari. Prior to the elections, Sowore campaigned vigorously all around Nigeria, castigating the person of President Buhari much more than he was prepared to sell his ideas to the Nigerian people. This was similar to what was witnessed during the era of former President Goodluck Ebele Jonathan when the country was in desperate need of Change. Ultimately, President Jonathan was bundled out of office in a historic victory in 2015.

Interestingly, while the Government of President Jonathan was quite remarkably tolerant in receiving all forms of vicious attacks, both verbal and written, President Buhari’s skin has no room for such. Thus, when Sowore took his activism and political radicalism to another level by calling for revolution (#RevolutionNow), President Buhari would have none of that. The President moved against him using the Black Ninjas under his control by arresting him on 3 August, 2019.

The Black Ninjas

Nigeria’s State Security Service (SSS) also known as Department of State Services (DSS) is Nigeria’s primary domestic intelligence agency. It has been properly described as being mainly responsible for intelligence gathering within the country and for the protection of senior government officials. The core mandate of the SSS is to wade off all forms of security threats within the country including terrorism and insurgency.

The SSS is known for functioning as a Secret Police, with special skills, thereby earning the name “Black Ninjas” herein. In identifying the characteristics of Ninjas, the following remark was found:

“Ninja are ruthless in what they choose to do and takes an unorthodox approach to find the quickest, easiest and most efficient ways to do their work.”*

The Nigerian Black Ninjas have earned some deserving accolades but at the same time, have come under attack especially for their seemingly overzealous conducts in recent times against civilians including some members of Nigeria’s highest Court, that is, Justices of the Supreme Court of Nigeria. We recall with regret, the Gestapo-style arrest of some of our Learned Jurists many of whom today have been set free of all allegations bordering on corruption.

Sowore’s arrest and detention

The Black Ninjas were responsible for the arrest of Sowore who was eventually charged (alongside Olawale Bakare) for treason, money laundering and “cyberstalking” – for allegedly peddling false information against the President, and for insulting him and inciting hatred against him. Sowore pleaded not guilty to the charges and was eventually granted bail by the Court.

Sowore perfected his bail by meeting all the bail conditions. However, the Black Ninjas would not release him from custody. Several reasons, both logical and illogical were advanced for his continued detention in what appears to be a flagrant affront on the integrity of the Court.

Sowore’s release, re-arrest and desecration of the temple

Sowore was eventually released on 5 December, 2019 (albeit reluctantly) after the Court had expressed its displeasure with the continued unlawful detention of the Activist. However, the high point of the situation was the recent report of how on 6 December, 2019, there was an attempt to re-arrest him in open court by the Ninjas, few hours after his release on 5 December, 2019. This was resisted but he was eventually taken away.

The alleged attempt to re-arrest Sowore in open Court by the Black Ninjas was greeted by a host of criticism for amounting to an advanced show of human rights abuse and a desecration of the hallowed temple of justice. Accused persons (even convicted persons) enjoy certain fundamental rights guaranteed under the Constitution. Therefore, since Sowore was already before the Court, it is totally out of place to attempt to re-arrest him right there. At best, he may be arrested outside the court room. Section 28 of the Criminal Procedure Act provides:

“(1) Every warrant of arrest may be executed on any day including a Sunday or public holiday. (2) Every such warrant may be executed by any police officer at any time and in any place in the State other than within the actual court room in which a court is sitting.”

The Black Ninjas have reportedly denied attempting any re-arrest within the court-room. The denial is welcome, for whatever it is worth. At least, it perfectly scores the point that any such conduct is wrong and remains highly condemnable.

Recent Development

Given the public outcry, the Attorney General of the Federation and Minister for Justice (“AGF”), Mr. Malami, SAN has now moved to take over the case file of Sowore from the DSS. The statement ascribed to Mr. Malami (according to reports from PremiumTimes) was that “The Federal Government is committed to respecting the sanctity of the rule of law, protecting the virtues of human rights and ensuring speedy dispensation of justice.” This unequivocal acknowledgment of the sanctity of the rule of law is welcome.

Reports have it that Sowore is now being fingered for having links to Boko Haram, Shiite Movement and Indigenous People of Biafra (IPOB) in a bundle of allegation bordering on terrorism.

Nonetheless, the point must be made for the umpteenth time that due procedure must be followed at all times in dealing with all matters. President Buhari must take steps to purge his administration of all undemocratic actions and/or semblances. Rule of law must be upheld and the fundamental rights of the people must be respected. It is conceded that not all rights guaranteed under the constitution are absolute. Nevertheless, even where qualified, the law made appropriate provisions. Every person must be treated according to law and not according to the whims and caprices of any individual.

Most importantly, the sacredness of the courts must be preserved. Any order by a court of competent jurisdiction must be obeyed; it remains valid until set aside by the same court (in some instances) or by a higher court in exercise of its appellate jurisdiction.

Conclusion

Sowore may be a handful in many ramifications; his procedures may sometimes be awkward and uninspiring. Yet, he must be treated according to law. In addition to the current moves by the AGF, the President is called upon to ensure proper investigation in the alleged incident of 6 December, 2019. Any person found culpable should be dealt with immediately.

*Financial Post

Featured Image Credit: VanguardNGR