By Oladotun Hassan, Esq
The Attorney General has the constitutional power to discontinue or enter into any matter as he may deem fit at any given point or stage of the matter before judgement is entered, based on the power of ‘Nolle Prosequi’, however the DSS vs Sowore’s case is a test of national integrity, independence of the judiciary and executive etiquette in a democratic society.
However, it is rather unfortunate the AG fails to condemn the desecration of the hallowed court of Honoueable Justice Ojukwu by the
DSS (SSS) on the intentional fatal error carried out, with the forceful invasion and arrest of Mr Omoyele Sowore within the precinct of the same court that issued an order to release Sowore within 24 hours, after over four months of unlawful incarceration in DSS custody in Abuja, having fulfil all bail conditions.
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It is grievous double jeopardy and no gainsay that the DSS singular act in the time past and the most recent are symptoms and incurable syndrome of a failed state engulfed in monumental anarchy that profusely has phobia for rule of law, social justice rights and due process.
For it is trite principle of fair hearing that you cannot be a judge in your own cause, and both side of the matter are expected to be given adequate and equitable access to justice, hence the DSS cannot abrogate the constitution and arrogate the power of the Judge to punish suo moto any perceived act of contempt in the face of the court, nor for the violation of the bail terms by the accused person (Sowore), wherein both the DSS and Sowore are equal parties to the case before the court, meaning none has special preferential powers of intimidation or harassment over the other, for its exclusively behoves as a point of incontrovertible duty of care upon both the AG cum DSS legal counsels to have firstly advise and correctly ensure their clients(DSS) desist from perpetrating such heinous display of crudity and phantom executive recklessness, while frontally replacing rule of law with rule of force.
We await the litmus test case of justice upon the taken over of the case by the AG, but we hope the judge will suomoto raise contempt charges and deal decisively against any erring party more seen is the DSS, that destrupted the court proceedings and caused commotion which led the judge to flee and return to her chambers for safety of her life.
On the position maintained by Punch newspaper it is inherent to understand that globally the press has lots of roles to play in an active democracy. However we are faced with a precarious situation in Nigeria wherein Mr President on his volition allowed the uncouth approach to governance by some cabals undated, whose ethos and intents are distracting and destructive on a daily basis, retarding us backward into the junta days of the Buhari led Military government as a Major General who fiercely disown rule of law with acute hatred in the 80’s, precipitating Punch to serve as a vanguard voice of correction to Mr President on the controversy that trailed the change of appellation as MAJOR GENERAL MOHAMMADU BUHARI, though the presidency ought not to rush at replying to Punch opinion, but expected to apologize to Nigerians rather than admitting the appellation as normal, more of an innuendo and irony to serve a bitter pill truth to Mr President to thow the path of justice and fairness to all Nigerians irrespective of creed, religion or region, Mr President needs to positively act fast before the situation gets more deteriorating towards full blown anarchy and total collapse of government.
Aare Oladotun Hassan,Esq.
Chairman, Eti-Osa Bar Forum.
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