Court strikes out treasonable felony charges against Sowore

The Federal High Court in Abuja on Monday struck out the treasonable felony charges filed against Sahara Reporters publisher, Omoyele Sowore, and his co-defendant, who were both charged over their August 2019 #RevolutionNow protest against then President Muhammadu Buhari.

The court struck out the charges following the application of notice of discontinuance filed by the Nigerian government through the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi.

PREMIUM TIMES reported that the notice of discontinuance was filed on 15 February, ending a trial that has made little or no progress in the over four years that the case was filed.

The notice gave no reason for the withdrawal of the charges.

A lawyer representing the AGF in court on Monday, A.R. Tahir, drew the attention of the trial judge to the notice of discontinuance on Monday, citing section 174 (1) (c) of the Nigerian constitution and section 107 (1) of the Administration of Criminal Justice Act 2015 as the basis for the power exercised by the AGF in withdrawing the charges.

The defence counsel, Femi Falana, a Senior Advocate of Nigeria, confirmed that the notice of discontinuance was served on him by the office of the AGF.

He urged the court to dismiss the charges and order the State Security Service (SSS) to return all items seized from Mr Sowore and his co-defendant, Olawale Bakare, when they were arrested in August 2019.

He added that his client, Mr. Sowore, had suffered persecution at the hands of the government over allegations that could not be proven.

“The matter ought to be dismissed. However, I wish to appreciate the position of Mr Lateef Fagbemi for taking a hint from this honourable court during the last adjournment that this matter will be dismissed, and the Attorney General borrowed a leaf from it,” he added.

He expressed gratitude to the court for his earlier warning to dismiss the charges for want of diligent prosecution.

“My Lord, since all is well, I won’t be asking for costs since my clients have been standing trial since 2019. My Lord, in view of this, we want the court to return the telephone and the sum of 10,000 and his international passport, as the title bill submitted for his bail,” he said.

At the last adjourned date, the presiding judge, Emeka Nwite, threatened to strike out the case following the lack of diligent prosecution on the part of the Nigerian government. He also warned that he would no longer grant any adjournments at the instance of the prosecution.

Ruling

Ruling on Monday, the judge said the decision to discontinue the trial was communicated to the Federal High Court in Abuja via a notice of discontinuance dated 14 February and filed by the AGF on 15 February.

He said the letter was unambiguous, hence his judgement.

Mr Nwite ordered the SSS to release Mr Sowore’s two mobile phones, passport, and the sum of 10,000 seized from him.

He also ordered the release of the mobile phone of his co-defendant, Olawale Bakare, and the sum of N1,500 seized from him.

Background

Mr Sowore and his co-defendant, Mr Bakare, were charged by the then Attorney General of the Federation, Abubakar Malami, during the Buhari administration over their planned #RevolutionNow protest.

Mr Sowore was arrested by SSS operatives before the scheduled day of the demonstration organised to call out Mr Buhari over his alleged misgovernance of the country at the time.

The protest still went on to take place on 5 August 2019 in a few places as scheduled. Mr Bakare was arrested for leading the protest in Osogbo, the Osun State capital.

The AGF office subsequently charged the two men with treasonable felony, accusing Mr Sowore, a two-time presidential candidate, and Mr Bakare of attempting to overthrow the Buhari administration.

In sensational episodes that followed their arraignment, the SSS refused to obey the court order granting Mr Sowore bail, pitting the Buhari administration against the human rights community, which accused the security agency and the then president of lawlessness.

The matter got to a head in December 2019, when SSS operatives invaded the court, disrupting a proceeding to rearrest Mr Sowore, who was adamant in resisting the widely-condemned forcible action of the security agents.

But since after the arraignment, the trial has made no significant progress, with the prosecution only able to call one witness in more than four years. The case was often adjourned based on one excuse or the other mostly from the prosecution.

READ ALSO: More groups protest Sowore’s detention

The case became more complicated after Mr Sowore’s co-defendant, who is believed to have travelled abroad for his education, stopped attending trial sometime in 2021, as a result of which Mr Sowore requested on different occasions that their joint trial be severed to enable him to conclude his part of it.

While the case dragged on in court, Mr Sowore, who was before his arrest shuttling between Nigeria and the United States, where his family is based, grappled with stringent bail conditions that restricted his movement to Abuja.

Reprieve came his way in April 2022, when the Court of Appeal in Abuja lifted the movement restriction imposed on him, allowing him to travel within Nigeria.

With the termination of his trial on Thursday, Mr Sowore can retrieve his passport from the court and travel outside Nigeria as he wishes.

Reactions

In reacting to the ruling, Mr Falana expressed satisfaction with the court’s decision.

“I am okay with the fact that the matter has been struck out and appropriate orders have been made.

“After the cross-examination, there was no way the previous regime could continue with the matter.”

He emphasised the need for Mr Sowore to deliberate on the next steps, given the five-year separation from his family due to what he termed a “frivolous charge.”

Mr Falana pointed out what he perceived as disparities in the treatment of individuals within the justice system, contrasting the leniency accorded to those accused of heinous crimes with the harsh treatment faced by activists like Mr Sowore.

In particular, he said while individuals accused of embezzling large sums of public funds were being granted bail and freedom to travel, his client remained in detention for years.

He expressed gratitude to the trial judge who, he said, ensured his client’s rights were upheld.

“For me, the withdrawal of the case is commendable, but my client will still have to decide what to do in the matter, having been kept away from his family for five years on a frivolous charge.

“Moreover, he was even in detention on the day of the protest on 5 August 2019.

“Those who were accused of stealing over a hundred billion are given bail and allowed to travel out of the country, but this gentleman has been kept away for five years from his family. We have to rush to court to have these conditions lifted,” he added

In his remark, Mr Sowore appreciated everyone who stood with him during the prolonged trial, especially his wife and children in the United States.