Sowore, Dasuki Release: AGF Malami Replies Falana
Nigeria’s Attorney General and Minister of Justice, Abubakar Malami (SAN), has insisted that the Convener of Revolution Now protest, Omoyele Sowore, and former National Security Adviser (NSA), Sambo Dasuki, were released on compassionate ground.
Naijaparry News reports that Malami made this known after Sowore’s lawyer and human rights activist, Femi Falana (SAN), asked him to apologise to the aforementioned men for their belated release from illegal detention.
Falana said this in response to Malami’s claim that Dasuki and Sowore were released from the custody of the Department of State Services (DSS) on compassionate grounds.
It was learned that the two were released after President Muhammadu Buhari asked the minister to make the move.
The Nigerian government is prosecuting Dasuki for alleged criminal breach of trust, misappropriation and dishonest release of funds to the tune of N33.3 billion, Sowore is being prosecuted for alleged treason among other “offences.”
“We were flabbergasted when you turned round to inform us that you had no power to direct the State Security Service to comply with the order of the Federal High Court for the release Sowore from custody,” a statement from Falana, issued on Sunday, read.
“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 arrogant display of power.”
But Malami insisted on Monday that Sowore and Dasuki were released on compassionate ground.
“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,” a statement from Malami’s spokesperson, Umar Gwandu, read.
“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.”
He also said, “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 apologised to Col. Dasuki (retd.) 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.”