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Continuous unlawful detention of SOWORE, Bakare will harm democracy -: says HURIWA

By Human Rights Writers Affiliation of Nigeria (HURIWA)

A outstanding civil Rights advocacy group -: HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has requested the hierarchy of the Division of State Providers (DSS) to adjust to extant courtroom orders and free Omoyele Sowere and Olawale Bakare on bail with fast impact.

In a press release by the nationwide coordinator Comrade Emmanuel Onwubiko and the media affairs director Miss Zainab Yusuf, HURIWA said that the continued violation of the binding bail orders issued by a reliable courts of regulation is a gross violation of the structure close to part 6 which affirms 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 authorized 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 authorized 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.”

“We urge the international community not to stand by and watch as government agencies in Nigeria defecate on the Nigerian constitution which is the supreme law on which constitutional democracy is anchored. The consequences of allowing government officials in Nigeria to continue to breach the constitution with reckless abandon is that anti-democratic forces and reactionary elements may be emboldened to unleash anarchy and impunity on a grand scale which will inevitably threaten national security interest. It is in the enlightened national security interest that all agencies of government are compelled by institutions such as the National Assembly to obey the laws of the land so as to stave off imminent collapse of constitutional democracy.”

HURIWA recalled that Justice Ijeoma Ojukwu of Federal Excessive Court docket in Abuja on Monday reviewed the bail situations earlier granted to the writer of Sahara Reporters, Omoyele Sowore.

The courtroom on October four granted bail of N100 million to Mr Sowore and and his co-accused, Olawale Bakare, N50 million.

Her Lordship Ojukwu it will be recalled mentioned Mr Sowore ought to produce two sureties in like sum whilst the opposite features are that of that quantity, N50 million was to be deposited with the courtroom whereas the stability was to be put in place ought to Mr Sowore leap bail.

The courtroom mentioned Mr Sowore’s sureties should deposit tax clearance certificates for 3 years, 2016 to 2018, and paperwork of landed properties in Abuja.

The sureties have been additionally to deposit affidavit of means for his or her property.

The courtroom dominated that when launched after assembly his bail situations, Mr Sowore ought to stay in Abuja until the case is set whereas his co-accused, Olawale Bakare, mustn’t go away his place of residence in Osogbo apart from the trial.

The courtroom additionally mentioned Mr Bakare ought to current one surety and a bail bond of N50 million.

HURIWA recalled that nonetheless that on Monday, Justice Ojukwu mentioned the courtroom has proper to grant bail and should evaluation it if crucial.

She put aside the N50 million safety deposits by one of the sureties and likewise lowered the N50 million bail of the second defendant, Mr Bakare.

The activust and writer of Saharareporters Mr. Sowore, who was arrested on August three by Nigeria’s State Safety Service (SSS) for planning a protest popularised with the hashtag #RevolutionNow, was granted bail for the second time on Friday.

A earlier bail granted the defendant on September 24 was not complied with by the SSS.

The 2 accused are dealing with trial on seven counts of treasonable felony, fraud, cyber-stalking and insulting President Muhammadu Buhari.

HURIWA reminded the DSS that there are plethora of judgments of the Supreme courtroom that deprecate the manager acts of wanton disrespect to binding orders of Justice simply as Justice Kayode Eso then of the supreme courtroom of Nigeria had dominated that: ‘I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the court while still in contempt of the lower court. It is more serious when the act of flouting the order of the court, the contempt of the court, is by Executive…I think, for one organ, and more especially the Executive, which holds all the physical powers, to put up itself in sabotage or deliberate contempt of the other is to stage an executive subversion of the constitution it is to uphold. Executive lawlessness is tantamount to a deliberate violation of the constitution…. To use force to effect an act while under the marshal of that force, seek the court’s fairness, is an try to infuse timidity into courtroom and function a sabotage of the cherished rule of regulation. It must not ever be.”

HURIWA has due to this fact demanded the fast compliance of the lawful orders of the Court docket until and besides we at the moment are been informed that the Nigerian Structure has been suspended and/or if Nigeria is underneath a navy dictatorship.

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