The counsel to the Publisher of
Sahara Reporters has defended his client’s choice of the word “revolution” in
the August 5 protest that held across the country.
Mr Sowore’s lawyer, Femi Falana,
said even the Supreme Court does not regard a revolution as a lawful offence.
Mr Falana cited previous
authorities by the Supreme Court to support his argument.
“Even a coup that sustains the
statuesque has been said not to be a revolution by the Supreme Court.”
Mr Falana said the All
Progressives Congress (APC) and President, Muhammadu Buhari staged protests
after they lost elections in 2003. He added that Mr Buhari also called for a
protest like that of Egypt.
“Buhari called for a revolution
in 2011 like that of Egypt which was evidently violent.
“Only in 1948 was someone charged
for staging a protest. And the charge was sedition,” he said.
Mr Falana cited various prominent
cases of people who were charged with treasonable felony, including APC leader
Ahmed Tinubu, who were granted bail on self recognizance.
Mr Falana also reiterated the
argument that the late Moshood Abiola was also granted bail after he was
charged with the same treasonable felony.
Mr Falana asked the court to
grant Mr Sowore bail on self recognizance.
He said there were many
politicians facing trails on alleged fraud to the tune of billions of naira who
were currently on bail.
Mr Falana also said the evidence
against Mr Sowore, according to the prosecution, does not indicate any known
offence besides the protest.
He said various courts had
decided on the rights of Nigerians to peaceful protest and that the court had
ruled during a case instituted by Mr Buhari’s party that a police permit was
unnecessary for the conduct of protests in a free society.
Mr Falana said the prosecution
had argued that Mr Sowore may jump bail like the separatist leader, Nnamdi
Kanu. He however argued that the allegations against Mr Sowore does not support
that claim.
Prosecution Opposes Bail
The prosecutor, Hassan Liman, responded
to the arguments saying there was a likelihood of the defendants jumping bail.
He added that the reason why the
bail should not be granted is to prevent the defendants from committing the
same offence.
Mr Liman said Mr Sowore had
personally chanted songs of revolution after his arraignment Monday and would
repeat the same thing if he is released on bail.
Mr Liman referred to the argument
by the defence counsel on Mr Buhari’s call for a revolution describing it as
baseless and irrelevant in the present circumstances.
“I submit with respect that, that
is an effort by the first defendant to support his call for a revolution,” Mr
Liman said.
Mr Liman argued that like Nnamdi
Kanu, Mr Sowore could jump bail if released on bail.
The ruling
After hearing the arguments and
going on a brief break, the judge granted Mr Sowore bail with a bond of N100
million and two sureties in like sum.
The court also granted the second
defendant, Olawale Bakare, bail with a bond of N50 million.
The court said Mr Sowore must
avoid partaking in any rallies. It also ordered both defendants to remain
within the Federal Capital Territory, Abuja.
It is the second time the court
is granting the defendants bail.
The State Security Service (SSS)
had ignored the earlier one last week but instead produced the defendants
before the court on Monday for arraignment.
Mr Sowore is facing trial for
alleged fraud, treasonable felony and cyberstalking among other offences.
The government argues that by
calling for a protest tagged #RevolutionNow, Mr Sowore was seeking to overthrow
the government of President Muhammadu Buhari.
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