CHARGE SOWORE TO COURT NOW, UBANI URGES DSS

The protest is against some of their perceived failings in governance by this present government

I advised the government is to charge Sowore to court immediately

The 1999 constitution allows a maximum period of 48 hours within which to charge an accused person to court unless there is a court order to the contrary

Omoyele Sowore (3rd from left) calls for mass action against Nigerian government.

The former Second National Vice President of the Nigerian Bar Association, NBA, Mr. Monday Onyekachi Ubani, has advised the Department of State Service, DSS to immediately charge Mr. Omoyele Sowore to court if he is found to have committed any crime against the laws of the country in his call for Revolution against the current government in Nigeria.

He gave this advice in a release he sent to this medium while reacting to the trending issue on #RevolutionNow protests being called by the presidential candidate of the African Action Congress, AAC, at the 2019 presidential elections, Mr. Omoyele Sowore.

It will be recalled that Sowore had called for nationwide protests to commence Monday 5^th August, 2019 against the administration of President Muhammadu Buhari in what he termed #RevolutionNow, seeking a change of leadership in Nigeria.

Below is the full text of the release:

Who does not really know Sowore, except my old grandmother in the village? He is as popular as President Buhari except that he is not in charge of Nigeria. (You have a right to disagree please) He tried to, but lost the battle just few months ago.

He is protesting against the present government. This is not the first government he has confronted and fought, including the military government of Abacha and Babaginda.  He is a veteran of such fights except that this time around he calls it Revolution.

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For calling for Revolution, an arm of the security agencies, DSS to be precise, has arrested him and kept him away from leading the "Revolutionary Struggle" planned for the 5th of August, 2019 and have whisked him away to Abuja, the Federal Capital of Nigeria.

Implications

Protests, agitations, placard-carrying, are legitimate means of expressing grievances under a democracy.   It is allowed and guaranteed by the 1999 Constitution (as Amended).

The planned protest is against some of their perceived failings in governance by this present government and they called the agitation "Revolution”. The government is uneasy with that word; it means change of government and the system. If successful, it sweeps away the government in place.

The government was pre-emptive and therefore arrested Sowore who fears no evil. In fact it did appear he was expecting It, even though the arrest has been condemned by the human right community, including my humble self.

Way Out

I advised the government is to charge Sowore to court immediately if he is found to have committed any crime against the laws of the country in his call for Revolution. Treason is a serious offence against the State and I am sure Sowore knows that, and is aware that if he fails to successfully overthrow a government in power there are consequences. To plan for a coup that fails is a serious treasonable offence really.

The 1999 constitution allows a maximum period of 48 hours within which to charge an accused person to court unless there is a court order to the contrary. If there is any court order extending his detention with the DSS, the court order if obtained ex parte should be served on Sowore immediately for him to take step(s).

However, if the government fails, refuses and/or neglects to charge Sowore to court today (Monday) 5th of August, 2019, the legal team of Sowore is advised to commence the fundamental human right proceedings immediately against the government  for the freedom of Sowore. That is how democratic government works. Both the government and the governed are not above the law. The law is supreme

A word is enough for the wise.

-Monday Onyekachi Ubani is a Barrister-at-law.

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