Femi Falana, human rights lawyer,
says Abubakar Malami, minister of justice and attorney-general of the
federation, lacks powers to order the release of any detainee out of mercy.
Falana said this while responding
to Malami’s claim that he ordered the release of Omoyele Sowore, convener of
RevolutionNow movement, and Sambo Dasuki, former national security adviser, on
compassionate grounds.
Malami had said the Department of
State Services (DSS) — which was detaining Sowore and Dasuki against court
orders — was asked to release the duo not because of international pressure but
on the grounds of respect for rule of law and compassion.
“The only reasons for the release
of Omoyele Sowore and Sambo Dasuki revolved around our commitment to the rule
of law, obedience to court orders and compassionate grounds,” he had said.
But in a letter addressed to
Malami, Falana said only the president and state governors are entitled to
exercise the prerogative of mercy or release any convicted person on
compassionate grounds.
He said the minister should have
apologised to Sowore and Dasuki rather than making such claim which he
described as an “apologia for official impunity”.
“It is trite law that once a
trial court has granted bail to any person standing trial for any offence
whatsoever and the bail conditions have been met the detaining authority shall
release the person from custody without any further ado,” he said.
“In other words, the refusal to
release a defendant who has been admitted to bail by a trial judge is tantamount
to contempt of court. Hence, before Sowore’s release we had filed Forms 48 and
49 for the committal of the Director-General of the State Security Service to
prison for contempt of court.”
He said a suspect can only be
detained beyond 48 hours based on a remand order from a magistrate court,
adding: “The government is not permitted to refuse to comply with the order of
bail under the pretext of defending the security of the nation.”
“Even under the defunct military
dictatorship, detaining authorities were not authorized to incarcerate any
person for “security reasons” in defiance of court orders,” he said.
“With respect, the federal
government has itself to blame for the needless controversy that has trailed
the release of the duo. 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.”
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