•Orders DSS to release seized cash, international passport
Alex Enumah in Abuja
Justice Emeka Nwite of a Federal High Court, Abuja, yesterday struck out the alleged treasonable felony charge filed against former presidential candidate and publisher of SaharaReporters online news media, Mr Omoyele Sowore and one Olawale Bakare.
Nwite struck out the charge while delivering ruling in an application for discontinuation brought by the federal government.
Sowore was arrested on August 3, 2019, following his call for a peaceful protest against the administration of former President Muhammadu Buhari.
He was arraigned alongside Bakare before a Federal High Court, Abuja, where trial have been on in the last five years.
However, the federal government through the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) last week indicated the desire to discontinue the prosecution of the case by filing a notice to that effect.
On Monday when the application was heard by the court, an Assistant Chief State Counsel, Federal Ministry of Justice, Mrs A. R. Tahir, urged the court to approve the notice of discontinuance dated February 14 and strike out the case.
She argued that it was the right thing to do since hearing in the matter has not commenced.
However, Sowore and Bakare’s lawyer, Mr Femi Falana (SAN) who confirmed receipt of the notice of discontinuance, argued that contrary to the claim of Tahir, the matter was partly heard and as such, the case should be dismissed and not struck out.
“We have taken the first prosecution witness before Justice Ijeoma Ojukwu. To that extent, the matter ought to be dismissed. I wish to appreciate the position of the Attorney General and Minister of Justice, Lateef Fagbemi for taking a hint from this honourable court that this matter would be dismissed even if the heavens will fall,” Falana said.
He expressed his gratitude to the court for the threat to have the matter dismissed for want of diligent prosecution.
“In view of the withdrawal, we urge the court to order the State Security Services (SSS) to return the telephones of Sowore and Bakare, the sum of N10,000 seized from him, while his international passport as well as the title deed submitted for his bail in the court registry be returned,” Falana added.
But Tahir said it is in the record of Nwite’s court that the matter began denovo(afresh) so, the court should strike out the case.
In a short ruling, Nwite held that “the proper order to be made is to strike out the case”.
He subsequently ordered the DSS to return three phones seized from Sowore, his passport, as well as the N10,000 cash collected from him and a phone collected from the 2nd defendant.
In addition, the court will return the title deeds collected from Sowore in respect of the bail earlier granted him by Ojukwu.
Sowore had urged all Nigerians across the federation to come out on August 5, 2019, to protest alleged political corruption and bad governance amongst others. The protest was tagged: #RevolutionNow protest.
But the federal government had claimed that the aim of the protest was to topple the then administration of Buhari, who had few months back won re-election as president.
He was subsequently arrested and detained by the DSS for weeks, before his arraignment before Ojukwu and recently before Nwite.
