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Looking again at the outcome of Sowore’s case

The circumstances of Sowore's release confirmed Rambo's position that the government intended to subject Sowore to the same treatment as Dasuki. Dasuki was granted bail 4 years ago. But the DSS rearrested him and held him indefinitely. Based on our analysis, we saw similar intentions for Sowore. It was therefore accurate to predict that "Sowore may not be released till end of Buhari's second term".  The fact that he was ultimately released yesterday did not contradict that prediction. In fact, releasing him along Dasuki confirms our instinct. The prediction was not to give a date for his release, but rather to tell you the principles guiding the thoughts of the people involved. Another aspect of Rambo's analysis that turned out accurate was the fact that Rambo stated that the outcome of Sowore's case would not depend on the normal application of the law. Rambo said we should look beyond the law in order to assess the outcome. In fact, the circumstances of his release confirmed that. He was not released in normal flow of law. It was just one arbitrary act of government reversing another arbitrary act of the same government. Now, watch out for the following tricks from government: By emphasizing that they could still appeal against the Court order granting him bail and by emphasizing that Sowore must keep to the terms of his bail, the government is actually warning the judge not to vary the terms of bail again. And if the terms of bail are not varied, that means that Sowore cannot travel out of Abuja until the case is over. That may mean that he cannot see his children. That means that he will not address any gathering till the case is over. And when will the case be over? Not likely before the end of Buhari's second term. So, they have silenced him effectively. If he doesn't comply with the terns of bail, his bail will be revoked and he will be detained with a court order and nobody may accuse the government. So, Sowore's rights are still in danger. But you may not know that. To understand what is going on, you need to think deeply and smartly. What we ought to focus attention on is the various subtle ways the government is resisting the Court. We knew that Sowore's case was calculatedly meant for Dasuki treatment. And when the demand for Sowore's release came, they released Dasuki along.

Nigerians and the world must continue to hold Buhari’s government accountable for gross human rights abuses

The Due Process Advocates Foundation (DPA) acknowledges that today, amidst blistering international pressure, the government of Mohammadu Buhari, acting through its Attorney General, Mr. Abubakar Malami, ordered the release of Omoyele Sowore and Gambo Dasuki, who have both been in unlawful indefinite detention. In ordering their release, the government based its order on the various orders of Nigerian courts that had granted bail to these men. While we welcome the release of the two men as serving the purpose of justice, we also decry the shameful conduct of the Nigerian Government in the continued detention of these men despite court orders that mandated their release. It is particularly remarkable that these men are being released on no other conditions than those already imposed by court. It raises the question therefore as to the basis for detaining them after courts had ordered their release. Indeed, what the directive of Mr. Malami has confirmed is the sickening belief on the part of this Government that no court order can take effect without further approval by the executive arm of government. The action of the government, as shown in Mr. Malami's needless intervention today, is a confirmation of the ugly truth, which is that Buhari's government will go down in history as the most dictatorial government in the time of democracy. It is an admission that court orders were routinely ignored and the courts rendered powerless. It is also an admission that this government has been callous and most reckless as regards human rights and rule of law. It is further an admission that it will be dangerous for Nigerians or the world to trust Buhari's administration on rule of law. The world must not take the release of the two men as a genuine sign that this administration is willing to change. On the contrary, what we saw is a syndical deception calculated to mislead the world and to lure the seekers of justice into complacency or false sense of victory. The fact remains that thousands of innocent Nigerians are in various detentions all contrary to rule of law and due process. It is a dangerous tokenism to release a few while many are left to languish in detentions. The fact is that in the same DSS cells that held Sowore for months and Dasuki for years, DSS is holding hundreds of innocent people contrary to law and due process. We must therefore continue to demand for justice from Buhari's government. Let our next step be to demand for the government to open the gates to various secret detention places in Nigeria whether these detention centers are run by DSS, the police or other security or law enforcement agencies. Every detention of a person in Nigeria must be brought under the control of the judiciary, a judiciary that must be free from corruption and which shall enjoy independence from the executive. Second, we must shine the light on the various processes through which the security forces seek to justify abusive detentions. As we write, DPA has come across overwhelming evidence of how the Nigerian police fabricated criminal charges against innocent citizens to justify detentions and how judges are being induced to play along. In the cases of Sowore and Dasuki, things were made a bit easy because the judges did not play along. But we have cases in which the judges play a role in a corrupt scheme to abuse the rights of citizens. These also should be practices to which the seekers of justice must direct their protests. Rather than rest and assume it is over, Nigerians and the world must understand that the release of Dasuki and Sowore is on the beginning, the late beginning, of the fight for justice against an administration that has no regard for law, liberty and basic freedoms. Rather than fold our tents and retreat, we must strengthen and fortify ourselves for further resistance to repression and dangerous autocracy. By DPA Administration. December 24, 2019

Nigeria legalizes prostitution?

The Federal High Court sitting in Abuja yesterday made a profound ruling when it held that prostitution is not a crime under Nigerian law.

Relying on Section 37, Chapter 4, of the Constitution, Hon. Justice Binta Murtala Nyako delivered the judgment in a case filed by Lawyers Alert on behalf of one Constance Nkwocha &15 Ors V.  Min. of FCT & 5 Ors. The judge held that sex work is not a criminal offence in Nigeria, and that it is a violation  of Section 37 rights of a female sex worker for any security official to arrest her for having sex for commercial purpose. To show the seriousness of the matter, the judge awarded damages against the Respondents and in favour of the Applicants in the sum of N1.6 Million. To fully understand the meaning and implications of this judgment, DPA will obtain a copy of the judgment for a full study of it. DPA may appeal that judgment for the purpose of ultimately getting the Supreme Court of Nigeria to pronounce on the matter in order to give it the binding power over all courts in Nigeria and truly make it a part of the law of the land.

Mohammed Adoke: another Nigerian irony

The year 2019 is destined to end as it started  - a big ironical casualty in the legal profession. It started with the dramatic fall from grace of Walter Onoghen, the then Chief Justice of Nigeria. And it ends with the arrest and detention of Mohammed Adoke, former Attorney General of Nigeria, by interpol in Dubai for one month, and his eventual extradition to Nigeria, followed by arrest at the airport by the Economic and Financial Crimes Commission.

What the stories of Onoghen and Adoke have in common is not only the fact that they share the theme of an elephant that ended up in a rabbit cage. The respective stories of the two men reflect the peculiarity of the Nigerian society.

Both Onoghen and Adoke will claim to be victims of an unjust and unfair legal and judicial systems. But both had opportunities to make the same legal and judicial systems fairer and more just. And both failed largely to do so. They thus ended up victims of their own negligence.

This is not the first time we see such victims of self in Nigeria. Indeed, they are abundant in Nigeria. Abba Moro was the Minister of Interior before he ended up remanded in Kuje prison. The inmates and the warders, upon sighting him, were very happy to welcome him to the type of prison he wanted for Nigeria while he was the Minister in Charge of prisons. At that moment, he wished he had reformed the prison system when he had the opportunity. Tafa Balogun, a former Inspector General of Police, was brutalized by junior police officers using the same brutality tactics that Tafa Balogun allowed when he was the head of the police force.

Orji Uzor Kalu and other ex-Governors are in prison at the moment. Senators, Ministers and even serving Governors go to visit them in prison. They are all lamenting privately the unjust legal system. Yet, none is doing anything to change the situation for the future. The lesson is clear. True leaders should seek to better the future. But our leaders only seek to better the past, which is impossible. We wish Mohammed Adoke peaceful enjoyment of the system of criminal justice he wished for others.

Breaking News: In response to DPA petitions, over 20 Abuja judges and magistrates set up desks in Kuje prison today to free as many as possible inmates

We expect up to 100 inmates to be freed today and tomorrow in Kuje Prison alone. Other prisons in the Abuja area will be receiving similar visits. They are concentrating on cases of inmates who have not been to courts in two years and those who have been awaiting trial for many years. In October of this year, DPA sent out two petitions demanding the review of many cases of inmates who have been unjustly held in the prisons and the Abattoir police detention center. In response to DPA petitions, on November 4th and 5th, the judges went to Abattoir and freed or evacuated over 600 detainees. And today, they are extending that to the prisons.   We are happy for this development. The detention of the leader of DPA, Emeka Ugwuonye, Esquire, in Abattoir and Kuje has not been without a great benefit. DPA shall continue to press for justice to many people who have been unjustly detained. In light of this development, DPA will suspend the next round of petitions which are aimed at the judiciary.

DPA plans to feed 1000 prisoners on Christmas day

As you know, DPA has been helping prisoners for sometime now. We've done it in Keffi. We did it in Lagos, Badagry. We did it in Kuje. Our Enugu State members are doing it in Enugu tomorrow. Since our Founder has been in Kuje prison, we have helped Kuje inmates in many ways - fed them, organized sporting competition, fashion competition, free legal representations for then, etc. The Founder has done so much to help a lot of inmates. For some strategic reasons, we have not publicized our charitable activities in Kuje prison.   Now,  DPA wants to feed 1000 Kuje Prison inmates on the Christmas Day. It will cost N400 to feed each inmate. So, we need to raise N400k. This figure is easy for us to raise if everybody here can donate N500 today. You are welcome to donate more than N500. But indeed your N500 will be enough. Don't be left out of the important gesture.   Send your N500 to: DPA INT'L FOUNDATION- LEGAL DEFENCE ZENITH BANK, NO.1015702400