A
frontline Civil Rights Advocacy group- HUMAN RIGHTS WRITERS ASSOCIATION OF
NIGERIA (HURIWA) has condemned as atrocious and a well-coordinated plot to
destroy democracy and constitutionalism, the reported re-arrest of the
Publisher of Saharareporters Omoyele SOWORE by the operatives of the Department
of State Services, DSS.
HURIWA
said the desecration of the Temple of Justice is an affront on the principle of
rule of law and a desecration of the Nigerian Constitution even as the Rights
group challenged all Nigerians to wake up and smell the coffee before this
democracy collapses because what happened in court is a total breach of section
6 of the Constitution of the Federal Republic of Nigeria of 1999 (as amended)
which states that:"(1) The judicial powers of the Federation shall be
vested in the courts to which this section relates, being courts established
for the Federation. (2) The judicial powers of a State shall be vested in the
courts to which this section relates, being courts established, subject as
provided by this Constitution, for a State. (3) The courts to which this
section relates, established by this Constitution for the Federation and for
the States, specified in subsection (5) (a) to (1) of this section, shall be
the only superior courts of record in Nigeria; and save as otherwise prescribed
by the National Assembly or by the House of Assembly of a State, each court
shall have all the powers of a superior court of record. (4) Nothing in the
foregoing provisions of this section shall be construed as precluding:- (a) the
National Assembly or any House of Assembly from establishing courts, other than
those to which this section relates, with subordinate jurisdiction to that of a
High Court; (b) the National Assembly or any House of Assembly, which does not
require it, from abolishing any court which it has power to establish or which
it has brought into being. (5) This section relates to:- (a) the Supreme Court of
Nigeria; (b) the Court of Appeal; (c) the Federal High Court; (d) the High
Court of the Federal Capital Territory, Abuja; (e) a High Court of a State (f)
the Sharia Court of Appeal of the Federal Capital Territory, Abuja; (g) a Sharia
Court of Appeal of a State; (h) the Customary Court of Appeal of the Federal
Capital Territory, Abuja; (i) a Customary Court of Appeal of a State; (j) such
other courts as may be authorised by law to exercise jurisdiction on matters
with respect to which the National Assembly may make laws; and (k) such other
court as may be authorised by law to exercise jurisdiction at first instance or
on appeal on matters with respect to which a House of Assembly may make laws. (6)
The judicial powers vested in accordance with the foregoing provisions of this
section - (a) shall extend, notwithstanding anything to the contrary in this
constitution, to all inherent powers and sanctions of a court of law (b) shall
extend, to all matters between persons, or between government or authority and
to any persons in Nigeria, and to all actions and proceedings relating thereto,
for the determination of any question as to the civil rights and obligations of
that person; (c) shall not except as otherwise provided by this Constitution,
extend to any issue or question as to whether any act of omission by any
authority or person or as to whether any law or any judicial decision is in conformity
with the Fundamental Objectives and Directive Principles of State Policy set
out in Chapter II of this Constitution; (d) shall not, as from the date when
this section comes into force, extend to any action or proceedings relating to
any existing law made on or after 15th January, 1966 for determining any issue
or question as to the competence of any authority or person to make any such
law."
HURIWA
said the re-arrest of Omoyele Sowore, convener of RevolutionNow Movement at the
Federal High Court, Abuja is another in the series of open and orchestrated
plot to undermine democracy by the current President Muhammadu Buhari led
administration to destroy the independence of the Judiciary, institute a police
state and ultimately destroy constitutional democracy to make way for the
emergence of a single party state and totalitarianism.
"What
took place at the premises of the Federal High Court could be likened to a
scene in the Nollywood movie but unfortunately it was in real life and beamed
to millions of people in the World because as seen and witnessed by Millions of
Nigerians including video evidence circulated from the venue of the show of
shame by the DSS at the Federal High Court Abuja it emerged that as at the time
of the attempt to re-arrest him(SOWORE), police, journalists and others present
in court threw themselves on Sowore, thereby preventing the heavily armed
security personnel from picking him up just as Sowore could be seen on the
floor inside the courtroom saying, “They have surrounded the place. We will
sleep here today just before the DSS reportedly invaded the court room and
chased away the judge reportedly and whisked away the Nigerian citizen SOWORE
who is on bail. It is tragic that this coup against democracy by the DSS is
coming less than a day after he was released by the DSS after an Abuja Federal High
Court ordered for his release within 24 hours. Recall that Justice Ijeoma
Ojukwu also ordered the DSS to pay the sum of N100, 000 to Sowore, for refusing
to release him on bail despite two court orders to that effect and the judge
consequently adjourned the trial of the case brought against them by the
Nigerian Government until December 6 for continuation. This gross human rights
abuse of the human rights of Mr. Sowore started long ago even as he has been in
custody of the DSS after the political activist was arrested for allegedly
calling for a civil mass action to change the bad tides afflicting democracy in
Nigeria and he has been in detention for over 3 months. Nigerians must see this
as a violation of the SUPREME LAW OF THE LAND DEMANDING MASS ACTION UNDER THE
BOUNDS OF THE LAW as allowed by the Constitution to show national sense of
outrage and righteous indignation ".
HURIWA
has therefore urged Nigerians to speak out and defend democracy before it is
late. "We condemn this brazen display of executive and security rascality
by the DSS and we believe that only Nigerians with the help of WORLD LEADERS
CAN SAVE DEMOCRACY FROM THE IMMINENT DEATH.
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