Femi Falana, human rights lawyer, has called on the minister of justice and attorney-general of the federation, Abubakar Malami to apologize to Omoyele Sowore and Sambo Dasuki.
The Herald gathered that Falana made this call while responding to Malami’s claim that he ordered the release of Sowore and Dasuki on compassionate ground.
In a letter addressed to Malami, Falana said the attorney-general should have apologised to Sowore and Dasuki rather than making such a claim.
The letter read: “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.
“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.”
“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.
“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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