Withdraws from suit, returns case-file to CJ
Commotion as opposing CSOs clash in Abuja over Sowore, others
Vanguard Correspondent, Luminous Jannamike, Adeyanju, others injured

By Ikechukwu Nnochiri & Luminous Jannamike

ABUJA — Justice Ahmed Mohammed of the Federal High Court in Abuja yesterday withdrew from the fundamental rights enforcement suit the convener of #RevolutionNow protest, Omoyele Sowore, filed to challenge his continued detention by the the Department of State Service, DSS.

The judge’s withdrawal came on a day several opposing civil society organisations, CSOs, clashed in Abuja over calls for the enforcement of the human rights of Sowore and other citizens unlawfully detained by the DSS.

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The judge based his decision on an advert publication he said Sowore’s online media outlet, Sahara Reporters, carried about him.

Sowore had in his suit, marked FHC/ABJ/CS/1409/2019, alleged gross violation of his constitutionally guaranteed fundamental rights, insisting that he was being illegally detained by the DSS.

Consequently, he demanded a court order to compel the DSS Director-General, Yusuf Bichi, and  Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, who were cited as Respondents in the matter, to pay an aggregate sum of N500 million as general and aggravated damages for breaching his rights to personal liberty, dignity of person, fair hearing, family life, freedom of association and freedom of movement.

Aside seeking an order of perpetual injunction to restrain the Respondents from further violating his rights, the Applicant demanded a public apology in five national dailies.

His co-defendant, Olawale Bakare, also made a similar demand in a separate suit the duo filed through their lawyer, Mr. Femi Falana, SAN, on December 10.

Why I’m quitting case, by judge

Hearing of the suits suffered setback yesterday as Justice Mohammed who is currently sitting as a vacation judge, voluntarily recused himself from the matter.

The judge maintained that his decision to hands-off Sowore’s suit was the fair, just and proper thing to do, in view of a publication by Sahara Reporters that he received bribe to compromise the outcome of a criminal case involving a former governor.

Justice Mohammed noted that due to the allegation which was in respect of trial of former governor of Benue State, Senator Gabriel Suswam by the Economic and Financial Crimes Commission, EFCC, he withdrew from the case which was transferred to another judge.

The judge stressed that reports Sahara Reporters published in 2016 and 2019 that forced him to hands-off Suswam’s trial.

He recalled that when the first report was published in 2016, all the parties in the trial persuaded him to continue with the case.

He said after he resumed proceeding in the trial, Sowore’s media outlet published a similar report in June this year, a development that made him recuse himself from the case.

Justice Mohammed, therefore, argued that it would not be proper for him to go ahead with Sowore’s fundamental rights enforcement suit.

He said the past development placed him in a situation where if he rules in favour of the Applicant, it could be perceived that he was blackmailed and that if he decides the case against him, it could be seen that he was being vengeful.

The judge held that since “justice is rooted in confidence,” no room should be left for any of the parties “to have fear or apprehension that he will not get justice before a court.”

Justice Mohammed, therefore, ordered that the case file be sent back to the Chief Judge of the Court, Justice John Tsoho, to be re-assigned to another judge.

Judge’s withdrawal proper — Falana

Earlier before he took the decision, the Judge sought opinion of lawyers in the matter, in view of the said publication and implication it would have on public perception of his handling of Sowore’s case.

Responding, Sowore’s lawyer, Mr. Falana, SAN, said he was aware of the publications referred to by the judge, saying it would be a proper decision for him to withdraw from the case.

He cited a 1995 decision of the Supreme Court that disqualified eight justices from handling a case involving the winner of the June 12, 1993 presidential election, the late M.K.O Abiola, over his Concord’s previous publications concerning the justices.

On his part, counsel to Bichi, the DSS DG, Mr. G.O.A Agbadua, said he would not take a position on the matter so that his comment would not be misconstrued as an attempt to delay the hearing.

Similarly, counsel for the AGF,   Mr. Abubakar Abdullahi, said he would leave the decision to the discretion of the judge.

The judge relied on Falana’s submission to recuse himself from the case.

It will be recalled that Sowore who was the presidential candidate of the African Action Congress, AAC, in the last general election, was arrested on August 2 for calling for a nationwide protest against perceived maladministration of President Muhammadu Buhari’s government.

He was subsequently arraigned before the Federal High Court in Abuja on September 30 and granted bail on October 4 by trial Justice Ijeoma Ojukwu.

However, the DSS declined to release him and his co-defendant who were slammed with a seven-count treasonable felony charge by the Federal Government.

Displeased with conduct of the secret service, the trial judge, on December 5, gave the agency 24 hours ultimatum to release the defendants from detention, vowing not to take further step in the matter till the order was obeyed.

Due to the ultimatum, the DSS temporarily released the defendants same day, only to invade the court the next day, December 6, and re-arrested Sowore in a manner that elicited wide condemnation from the public.

The AGF had since directed the agency to hands-off the trial of the defendants and transfer their case-files to the Federal Ministry of Justice.

Meanwhile, over a week after the AGF took over the case-file, Sowore remains in custody of the DSS without a fresh charge against him.

Justice Inyang Ekwo of the high court had on December 17, adjourned to enable both the DSS boss and the AGF appear before the court to respond to an ex-parte application Sowore filed for an order to compel his unconditional release from detention.

Since the court has commenced its annual vacation, the case-file was, therefore, handed to Justice Mohammed who was retained as the vacation judge.

Opposing CSOs protest, clash in Abuja

Meanwhile, several opposing civil society organisation, CSOs, yesterday clashed in Abuja over calls for the enforcement of the human rights of  Sowore and other citizens unlawfully detained by the Department of State Services, DSS.

The pandemonium on the streets of the Federal Capital Territory, FCT,  during the clash left several people injured and hospitalised.

At 9:00am, activists from Amnesty International, Socio-Economic Rights and Accountability Programme, SERAP, and other groups stormed the premises of the National Human Rights Commission, NHRC, along Aguiyi Ironsi street, Maitama, for a freedom rally to impress on the commission the need to call for an end to the reign of impunity in the country.

Their rally was sequel to the 14-day ultimatum issued President Muhammadu Buhari’s administration by at least 200 CSOs to stop  the crackdown on the freedom of the press; attack on the judiciary, the proposed bills to curb dissent and a general environment of shrinking civic space.

The protesters bore placards with inscriptions, such as; ‘Nigerians say no to tyranny’, ‘Stop silencing dissenting voices’, ‘NHRC must protect our rights’.

But minutes into the mass action, civil groups who believed the actions of the DSS were in the best interest of the nation, also arrived the scene for a solidarity rally in support of the Federal Government and the security agencies.

Their own placards read: ‘We will defend our mandate to Buhari at all cost’, ‘NHRC steer clear of issues of national security’, ‘When national security is threatened human rights take second place’ among other similar inscriptions.

Outbreak of violence

In the ensuing commotion, violence broke out and several activists were injured. Also, journalists covering the rally were harassed and their cameras and mobile phones hijacked by hoodlums who infiltrated the mass action.

In an address to the NHRC Chairman, Mr. Tony Ojukwu, the CSOs who organised the freedom rally, described affairs in the country as troubling.

They said: “Mr Ojukwu, we are here today (yesterday) because the mandate of NHRC makes you the face of the nation regarding human rights.

“As such, we ask that you remind President Buhari that there are norms in every democratic system of government. They are freedom of speech; freedom of the press; and   the rule of law.

“Persistent human rights’ violations and restrictions on the civic space by the government of President Buhari and several state governors betray past efforts to push for human rights improvements for the people.

“The executive arm of government at the federal and state levels are ignoring the Nigerian Constitution and international human rights obligations and commitments. By doing so, they betray the people of Nigeria and their constitutional oaths of office.  We urge Nigerian authorities to reverse course and end the growing assault on human rights.

“Nigerian leadership shows no sign of stopping its oppression of the rights and freedoms of Nigerians. Peaceful demonstrators, non-governmental organizations, political opponents, human rights activists and independent media workers continue to be the targets of systematic harassment and intimidation by the Federal Government and several state governors.

“We will continue to mobilize Nigerians to hold their leaders to account and speak truth to power. The power is in the hands of citizens as the Office of the Citizen is the highest office in the land. Government must serve the people, not the people enslaved to an insensitive government.

‘’We will not stay silent! We will stand together in solidarity because all Nigerians have a right to participate in decisions that impact their lives.”

They had barely concluded their presentation when serious noisy disturbance rent the air as both the pro-freedom demonstrators and the pro-government protesters locked horns in what seemed like a shouting match.

Although there was heavy police presence,  little or nothing was done by the security men to stop the conflicting groups from getting too close for comfort.

The clash degenerated to a point where members of the freedom rally group could no longer stand the commotion and began to flee the scene.

But they were given a hot chase by those sympathetic to the government whose numbers had swelled with miscreants who infiltrated the mass action.

Deji Adeyanju, Vanguard correspondent, Jannamike beaten

Activist and convener of Concerned Nigerians, Deji Adeyanju, was caught and beaten by a mob of at least 20 persons.

Our correspondent who covered the rally, was among journalists attacked. Several mobile phones were forcibly taken from members of the press by the hoodlums.

Commenting on the violence, one of the conveners of the Freedom rally,  Jaye Gaskia of Take Back Nigeria, TBN, blamed the police for mishandling the mass action.

Blame Police for this — TBN

He said: “What happened here is a concerted attack on the civic space, the rule of law, and the rights of citizens to express themselves by the state and its agents.

“We had earlier made a case to the police to separate the two protests. But they simply stood and watched. It is not the best of policing, even though they eventually intervened to stop the violence.”

Other activists represented in the Freedom rally group were Osai Ojigho of Amnesty International (Nigeria), Osagie Obayuwana of Committee for the Defense of Human Rights, CDHR, Idayat Hassan of Centre for Democracy & Development, CDD, Auwal Rafsanjani of Civil Society Legislative Advocacy Centre, CISLAC, and Yemi Adamolekun of Enough is Enough Nigeria (EiE Nigeria),

Others include Lanre Suraj of HEDA & People’s Alternative Front, Megan Chapman of Justice & Empowerment Initiatiave, Kola Ogundare of Socio-Economic Right And Accountability Project, SERAP, Juwon Sanyaolu and Biola Akiyode-Afolabi of Transition Monitoring Group, TMG.

Meanwhile, Ibrahim Kabiru Dala, the convener of Centre for Leadership and Development Initiative, CLDI, which led the pro-government protesters, absolved members of his team of blame in the attacks on fellow activists and journalists.

He said: “Our meeting today was coincidental because we had planned and scheduled our rally for today(yesterday)  long before they (Freedom group) threatened mass action penultimate week. We wrote relevant government agencies for security cover which they have provided today (yesterday).

“Our mission is simple: to express our solidarity with the Buhari-led government and equally thank the security agencies for protecting ordinary Nigerians from those seeking to throw the country into a state of confusion.”

On the violence that ensued, Dala said: “Deji Adeyanju and his group attacked our members but we resisted them squarely because of our numbers. If we had attacked them, the story would have been worse than it is right now because we clearly outnumbered them.

“What our members did was to simply resist their attacks and chase them out of the streets. We are law abiding Nigerians.”

Contacted on allegations that police personnel sent to ensure law and order  did nothing to stop the clash between both parties, Commissioner of Police, FCT Command, Bala Ciroma, said he had not been briefed on any confrontation between civil society groups in Abuja.

Vanguard