On-nigerias-democracy-being-put-in-danger
September 7, 2020 | News
ON NIGERIA’S DEMOCRACY BEING PUT IN DANGER
Without a doubt, the recent events in the country, precisely the rather unfortunate situation with the blatant disregard and disrespect of the Rule of Law and Court Orders by the Executive Government at the Presidency, and its Security Operatives of the Department of State Security Service (DSS), which re-arrested Omoyere Sowore right within the premises of the Federal High Court; we can surely say that the nation’s democracy is being dragged through the mud. And this should urgently be a cause for concern for all well-meaning Nigerians.
While we are not here to defend or speak for, or in favour of Sowore, but we simply cannot watch the nation’s judiciary, which ought to be an independent arm that represents the heart of law adjudication in the country, be rubbished by overzealous Security Operatives that have made themselves a laughing stock, and ready tools in the hands of the Executive. Never in the political history of this country, not even during the dark years of military dictatorship, have we seen a Security agency arrogantly disrespect and disregard the Rule of Law to have carried the re-arrest of Sowore within the premises of a Court. Regardless of any argument being put forward by different individuals, either in support of, or in condemnation of the said incident, the bottom line is that Rule of Law ought to have been respected and followed by the DSS in carrying out their duties.
Agreed that there have been allegations of some supposed activists, being paid and used by some politically-exposed-Interests in high places, to fight the ruling Government; and also; agreed that some media houses and even journalists are allegedly being paid by these political interests to write and report things against the Government of the day, including professional bodies and Non-Governmental Organizations (NGOs) allegedly being politicized as well – but withstanding all of this, it is expected that every democratically elected Government should be more tolerant and accommodative, especially when it comes to being criticized from any angle. If as a political leader, one is finding it very hard to be tolerant and able to absorb and manage criticisms from the people they are supposed to govern, then such an individual is not ready to be in government. President Donald Trump of the US, despite being the President of the most powerful nation in the world, his Government remains the most criticized in the world since his inauguration and inception. Yet, Trump still finds a way to act within the ambits of the law, and at the same time live above his critics.
Sadly, the President Muhammadu Buhari-led Federal Government has proven not to be a tolerant and accommodative Government when it comes to being criticized. For instance, as noted by Martins Oloja: “there have been so many policy instruments and bills that are demonizing democracy on the watch of President Buhari. Hate speech and Social media bills are part of them. Such strange bills are not capable of enhancing values that define and deepen democracy in the most populous black nation on earth… but of all these blighters and darks spots, the most telling on the character and colour of Buhari government has been the desecration of the temple of justice last Friday by the State Security Service operatives. Their overzealousness has dented the image of this government. Most people who had hitherto remained neutral and reticent about the Sowore saga are now wondering what the publisher and politician from Kiribo, an Apoi town in Ese-Odo Local Government in Ondo has really done beyond what he advertised in his #RevolutionNow strategy paper. It is, therefore, time to advise all the president’s men that the way the world is tagging the Buhari administration with disobedience to court orders after removing a Chief Justice of the country through an Administrative Tribunal is a dangerous perception that needs to be halted… The ongoing court trial of Omoyele Sowore, a New-York based Nigerian journalist and prominent activist, has taken a worrying turn and added to growing concerns that Africa’s largest democracy is slowly becoming intolerant of political dissent and defaults to tightening press freedom when it is under pressure…
“One day after Sowore was released on bail following a court order, he has been detained yet again in controversial circumstances. In dramatic scenes in court on December 6th, agents of the DSS attempted to arrest Sowore, resulting in a scuffle involving his lawyers. Following the incident, Femi Falana, one of Nigeria’s most prominent lawyers and lead of Sowore’s legal team, confirmed the activist was back in DSS custody at the time of writing this. Let us bear in mind that Sowore is the publisher of Sahara Reporters, an online news publication that focuses on uncovering political scandal and corruption in Nigeria. He was also a presidential candidate in Nigeria’s last general elections.
“Sowore was first arrested on August 3, 2019 on charges of treason with the government claiming the activist planned to overthrow the current administration after he called for a protest dubbed “Revolution Now.” He also faces money laundering and cyber-stalking charges. Despite a judge granting him bail in October with the case ongoing, he had been kept in DSS custody until his initial release recently. Protests clamouring for his release on bail on November 12th, also reportedly resulted in a clash with the agency’s officers. While the reason for his re-arrest remained foggy at the moment, his legal team branded it as a disregard for the rule of law. He was in custody for 124 days. Detained with him was Olawale Bakare. He was charged to court and the trial Judge, Hon. Justice Ijeoma Ojukwu, granted both men bail in rather curiously stringent conditions. When reviewed later, they met the conditions, but the DSS failed to release them. They gave curious alibi including, “the sureties did not come for them”. A series of protest and Justice Ojukwu’s threats did not change the obstinacy of the security operatives. It was only recently that the angry Justice Ojukwu gave the DSS authorities 24 hours to obey Court orders and release them on bail. Besides, she fines the DSS N100, 000. And a few hours later, the DSS released both of them and paid the fine to the delight of the people.
“Sowore and his partner came out of the detention smiling with victory sign. But the joy turned to sorrow and anxiety the following day, when he was in Court before Justice Ojukwu so that the Judge could confirm that the DSS authorities complied with her order. She did, and adjourned the case till February 2020. She was on record to have praised the secret service authorities for obeying her order, reminding the agency that, “nobody is above the law”. But confusion ensured as the next case was called and Sowore stepped out of the Court. Over a dozen DSS armed officers were waiting for the two accused outside. They made to arrest him and so struggle ensued and he rushed back to the Court for protection. But the secret service officers did not beat a retreat from the Court chambers. They allegedly wrestled Sowore to the ground. And in the melee, Justice Ojukwu and a number of counsels fled just as some of the lawyers and spectators rose spontaneously against the curious ambush and assault on the judiciary. In the end, despite all the efforts, they were taken away from the Court and the people lost their power to the superior firepower of the security agents.”
While some are arguing that the whole Sowore re-arrest incident was staged managed, and others have concluded that Sowore has further complicated his situation by committing Three further charges which include, resisting arrest, assault on DSS officer, and violation of his bail conditions; however, it still does not justify the actions of the DSS in my own opinion. For instance, even if Sowore breached his bail conditions, there are procedures as inscribed by the law, that the DSS ought to follow, which is to appear on the adjourned date of hearing, and seek to revoke his bail. Even the charges against Sowore can be amended and there are procedures to doing this. But filing fresh charges is abuse of process and making mockery of the rule of law because it is evident that the charges will be repetitive, as the DSS have not been able to provide enough evidence to support their charges against Sowore.
Also, regardless of what must have happened on the said day, the DSS overzealous disposition prompted it. Consider the events that led to the buildup of this incident. Firstly, the DSS refused to obey the initial court orders that were given to release Sowore, even when the bail conditions were reduced and were met. It was until the court gave them a 24hrs ultimatum that they eventually released him on the evening of the said day. But only for the incident that led to his being rearrested the next day morning to happen when he appeared in court as scheduled. Also, let us even assume the rearrested incident was stage managed as some now claim, are we saying that Sowore supporters knew that he would be rearrested by the DSS the following morning, hence the stage managed the whole thing? I mean, one can only stage manage an incident when one knows, or have a hint of what is about to happen concerning the event. Again, it took the DSS more than 24hrs to come out with their statement to counter what almost everyone is saying. The bottom line is that in a civilized society that practices democracy and respects the rule of law, Federal agencies should always execute their functions with some degree of civility and decorum. The DSS, with its pedigree, has not demonstrated that. Rather, they have made themselves ready tools in the hands of the Executive. What happened on that day, no matter how we try to look at it, was an affront on the nation's well-fought democracy. And it should be condemned in totality because it has the propensity to rubbish our democracy. Even a US Senator has noted this and condemned it. Nobody, including the Federal Security agencies and the Executive Federal Government, should be seen to be above the rule of law, it is as simple as that.
The recent events in the country has, without a doubt, compounded growing concerns around deteriorating freedom of speech and press rights in Nigeria. Sowore’s continued detention follows worrying cases of detention of journalists over the past year. In some cases, there have been outright disappearances of prominent government critics. “The attempted abduction and eventual re-arrest of prisoners of conscience Omoyele Sowore and Olawale Bakare, including the desecration of the Nigerian judiciary by SSS officials tells a bigger story of impunity and flagrant disregard for the rule of law by the Nigerian government,” said Amnesty International Nigeria in a statement shared on social media. Those fearful reality is also corroborated by independent observers: Nigeria is ranked 120th of 180 globally—and a lowly 34th of 53 ranked African countries—on the 2019 World Press Freedom Index, as noted by Oloja. We simply cannot continue like this as a country. We have the Nigerian Customs exhibiting their own overzealousness on one hand, now the DSS have intensified theirs as well. Both the DSS and Nigerian Customs have practically taken over the functions of the Nigerian Police Force. The whole situation is rather unfortunate.
Zik Gbemre.
December 11, 2019
Mobilize Others to Fight for Individual Causes As If Those Were Our Causes
Without a doubt, the recent events in the country, precisely the rather unfortunate situation with the blatant disregard and disrespect of the Rule of Law and Court Orders by the Executive Government at the Presidency, and its Security Operatives of the Department of State Security Service (DSS), which re-arrested Omoyere Sowore right within the premises of the Federal High Court; we can surely say that the nation’s democracy is being dragged through the mud. And this should urgently be a cause for concern for all well-meaning Nigerians.
While we are not here to defend or speak for, or in favour of Sowore, but we simply cannot watch the nation’s judiciary, which ought to be an independent arm that represents the heart of law adjudication in the country, be rubbished by overzealous Security Operatives that have made themselves a laughing stock, and ready tools in the hands of the Executive. Never in the political history of this country, not even during the dark years of military dictatorship, have we seen a Security agency arrogantly disrespect and disregard the Rule of Law to have carried the re-arrest of Sowore within the premises of a Court. Regardless of any argument being put forward by different individuals, either in support of, or in condemnation of the said incident, the bottom line is that Rule of Law ought to have been respected and followed by the DSS in carrying out their duties.
Agreed that there have been allegations of some supposed activists, being paid and used by some politically-exposed-Interests in high places, to fight the ruling Government; and also; agreed that some media houses and even journalists are allegedly being paid by these political interests to write and report things against the Government of the day, including professional bodies and Non-Governmental Organizations (NGOs) allegedly being politicized as well – but withstanding all of this, it is expected that every democratically elected Government should be more tolerant and accommodative, especially when it comes to being criticized from any angle. If as a political leader, one is finding it very hard to be tolerant and able to absorb and manage criticisms from the people they are supposed to govern, then such an individual is not ready to be in government. President Donald Trump of the US, despite being the President of the most powerful nation in the world, his Government remains the most criticized in the world since his inauguration and inception. Yet, Trump still finds a way to act within the ambits of the law, and at the same time live above his critics.
Sadly, the President Muhammadu Buhari-led Federal Government has proven not to be a tolerant and accommodative Government when it comes to being criticized. For instance, as noted by Martins Oloja: “there have been so many policy instruments and bills that are demonizing democracy on the watch of President Buhari. Hate speech and Social media bills are part of them. Such strange bills are not capable of enhancing values that define and deepen democracy in the most populous black nation on earth… but of all these blighters and darks spots, the most telling on the character and colour of Buhari government has been the desecration of the temple of justice last Friday by the State Security Service operatives. Their overzealousness has dented the image of this government. Most people who had hitherto remained neutral and reticent about the Sowore saga are now wondering what the publisher and politician from Kiribo, an Apoi town in Ese-Odo Local Government in Ondo has really done beyond what he advertised in his #RevolutionNow strategy paper. It is, therefore, time to advise all the president’s men that the way the world is tagging the Buhari administration with disobedience to court orders after removing a Chief Justice of the country through an Administrative Tribunal is a dangerous perception that needs to be halted… The ongoing court trial of Omoyele Sowore, a New-York based Nigerian journalist and prominent activist, has taken a worrying turn and added to growing concerns that Africa’s largest democracy is slowly becoming intolerant of political dissent and defaults to tightening press freedom when it is under pressure…
“One day after Sowore was released on bail following a court order, he has been detained yet again in controversial circumstances. In dramatic scenes in court on December 6th, agents of the DSS attempted to arrest Sowore, resulting in a scuffle involving his lawyers. Following the incident, Femi Falana, one of Nigeria’s most prominent lawyers and lead of Sowore’s legal team, confirmed the activist was back in DSS custody at the time of writing this. Let us bear in mind that Sowore is the publisher of Sahara Reporters, an online news publication that focuses on uncovering political scandal and corruption in Nigeria. He was also a presidential candidate in Nigeria’s last general elections.
“Sowore was first arrested on August 3, 2019 on charges of treason with the government claiming the activist planned to overthrow the current administration after he called for a protest dubbed “Revolution Now.” He also faces money laundering and cyber-stalking charges. Despite a judge granting him bail in October with the case ongoing, he had been kept in DSS custody until his initial release recently. Protests clamouring for his release on bail on November 12th, also reportedly resulted in a clash with the agency’s officers. While the reason for his re-arrest remained foggy at the moment, his legal team branded it as a disregard for the rule of law. He was in custody for 124 days. Detained with him was Olawale Bakare. He was charged to court and the trial Judge, Hon. Justice Ijeoma Ojukwu, granted both men bail in rather curiously stringent conditions. When reviewed later, they met the conditions, but the DSS failed to release them. They gave curious alibi including, “the sureties did not come for them”. A series of protest and Justice Ojukwu’s threats did not change the obstinacy of the security operatives. It was only recently that the angry Justice Ojukwu gave the DSS authorities 24 hours to obey Court orders and release them on bail. Besides, she fines the DSS N100, 000. And a few hours later, the DSS released both of them and paid the fine to the delight of the people.
“Sowore and his partner came out of the detention smiling with victory sign. But the joy turned to sorrow and anxiety the following day, when he was in Court before Justice Ojukwu so that the Judge could confirm that the DSS authorities complied with her order. She did, and adjourned the case till February 2020. She was on record to have praised the secret service authorities for obeying her order, reminding the agency that, “nobody is above the law”. But confusion ensured as the next case was called and Sowore stepped out of the Court. Over a dozen DSS armed officers were waiting for the two accused outside. They made to arrest him and so struggle ensued and he rushed back to the Court for protection. But the secret service officers did not beat a retreat from the Court chambers. They allegedly wrestled Sowore to the ground. And in the melee, Justice Ojukwu and a number of counsels fled just as some of the lawyers and spectators rose spontaneously against the curious ambush and assault on the judiciary. In the end, despite all the efforts, they were taken away from the Court and the people lost their power to the superior firepower of the security agents.”
While some are arguing that the whole Sowore re-arrest incident was staged managed, and others have concluded that Sowore has further complicated his situation by committing Three further charges which include, resisting arrest, assault on DSS officer, and violation of his bail conditions; however, it still does not justify the actions of the DSS in my own opinion. For instance, even if Sowore breached his bail conditions, there are procedures as inscribed by the law, that the DSS ought to follow, which is to appear on the adjourned date of hearing, and seek to revoke his bail. Even the charges against Sowore can be amended and there are procedures to doing this. But filing fresh charges is abuse of process and making mockery of the rule of law because it is evident that the charges will be repetitive, as the DSS have not been able to provide enough evidence to support their charges against Sowore.
Also, regardless of what must have happened on the said day, the DSS overzealous disposition prompted it. Consider the events that led to the buildup of this incident. Firstly, the DSS refused to obey the initial court orders that were given to release Sowore, even when the bail conditions were reduced and were met. It was until the court gave them a 24hrs ultimatum that they eventually released him on the evening of the said day. But only for the incident that led to his being rearrested the next day morning to happen when he appeared in court as scheduled. Also, let us even assume the rearrested incident was stage managed as some now claim, are we saying that Sowore supporters knew that he would be rearrested by the DSS the following morning, hence the stage managed the whole thing? I mean, one can only stage manage an incident when one knows, or have a hint of what is about to happen concerning the event. Again, it took the DSS more than 24hrs to come out with their statement to counter what almost everyone is saying. The bottom line is that in a civilized society that practices democracy and respects the rule of law, Federal agencies should always execute their functions with some degree of civility and decorum. The DSS, with its pedigree, has not demonstrated that. Rather, they have made themselves ready tools in the hands of the Executive. What happened on that day, no matter how we try to look at it, was an affront on the nation's well-fought democracy. And it should be condemned in totality because it has the propensity to rubbish our democracy. Even a US Senator has noted this and condemned it. Nobody, including the Federal Security agencies and the Executive Federal Government, should be seen to be above the rule of law, it is as simple as that.
The recent events in the country has, without a doubt, compounded growing concerns around deteriorating freedom of speech and press rights in Nigeria. Sowore’s continued detention follows worrying cases of detention of journalists over the past year. In some cases, there have been outright disappearances of prominent government critics. “The attempted abduction and eventual re-arrest of prisoners of conscience Omoyele Sowore and Olawale Bakare, including the desecration of the Nigerian judiciary by SSS officials tells a bigger story of impunity and flagrant disregard for the rule of law by the Nigerian government,” said Amnesty International Nigeria in a statement shared on social media. Those fearful reality is also corroborated by independent observers: Nigeria is ranked 120th of 180 globally—and a lowly 34th of 53 ranked African countries—on the 2019 World Press Freedom Index, as noted by Oloja. We simply cannot continue like this as a country. We have the Nigerian Customs exhibiting their own overzealousness on one hand, now the DSS have intensified theirs as well. Both the DSS and Nigerian Customs have practically taken over the functions of the Nigerian Police Force. The whole situation is rather unfortunate.
Zik Gbemre.
December 11, 2019
Mobilize Others to Fight for Individual Causes As If Those Were Our Causes