The DSS, facing attacks by
human rights activists, lawyers and journalists and the government owned
National Human Rights Commission, stuck to its earlier excuse that it has not
released Sowore because the appropriate persons, his sureties, were yet to turn
up to take him.
It was a strange
proposition, said Falana who once faced trial for treasonable felony, along
with Gani Fawehinmi, Beko Ransome Kuti in 1992 and granted bail without fuss.
In a statement on
Wednesday, Dr Peter Afunanya, DSS spokesman was adamant that it was only
appropriate that those who stood as sureties for Sowore should come for him.
His press statement also
rebutted reports the operatives of the agency shot at protesters at its Abuja
office on Tuesday to demand Sowore’s release.
He accused Falana (SAN) for
allegedly mobilising ‘miscreants’ to subvert the DSS instead of advising his
clients, supporters on the right process.
“Despite serial and
unwarranted provocations, the service, as a professional and responsible
organisation, did not shoot at the so called protesters. It could not have done
so.
“For emphasis, the service
reiterates its avowed readiness to release Sowore once the processes are
concluded. It maintains that the appropriate persons have still not turned up
to take delivery of Sowore.
“While all those that have
so far shown up are not directly concerned with the matter and therefore unqualified,
many others have either chosen to grandstand or politicise it to achieve hidden
interests.
“In the last few days, the
service has continued to witness deliberate campaigns of calumny, threats and
aspersions against it. It will not, for any reason, join issues with its
mudslingers. The media is called upon to be neutral and remain champions of the
truth.
“It is only appropriate
that those who stood surety for Sowore present themselves and have him released
to them. It is even more disappointing that Femi Falana, who is a senior
lawyer, would wrongly guide his client and supporters.
“He is rather playing to
the gallery and mobilising miscreants to subvert the service and other state
authorities. He has excellent relationship with the DGSS. But in the
circumstance, he has refused to reach out to him over the case like he had on
previously related ones.
“For the avoidance of
doubt, the service restates its commitment to the rule of law and particularly
respect to the court. It, therefore, calls for calm but states that it will not
be intimidated or harassed into hasty actions.
“It reassures the public
that it will not waste a second to release Sowore if the proper processes are
followed. And Falana, sure, knows what these are.”
Falana trashed the agency’s
stand and accused it of constituting itself into an appellate court.
According to him, the the
Federal High Court attached no condition for the release on bail of Sowore.
“On November 6, the Bailiff
of the Federal High Court wanted to serve the order of court for the immediate
release of Messrs Omoyele Sowore and Adebayo Bakare on the State Security
Service (SSS). Under the pretext that the management had closed for the day the
Court Bailiff was asked to serve the order at 10am on November 7.
“In the company of four
members of the defence team the Court Bailiff served the order on that day.
After the four lawyers had waited in vain for hours the SSS asked them to go
and that they would be contacted on phone to pick up the two detainees after
consultations.
“But the SSS never
contacted the lawyers. To our utter dismay, the SSS issued an incendiary
statement on November 8 wherein it was claimed that no one had shown up to receive
both detainees. Yesterday (Tuesday), two members of the defence team, family
members and friends of both detainees reported at the headquarters of the SSS.
Some journalists were also there to witness the release of both detainees.
“Instead of releasing both
detainees to their lawyers and family members the SSS fired teargas and shot
into the air. In the process, the lawyers, family members and friends of both
detainees were physically attacked by masked security operatives.
“Some of the journalists
were seriously injured. Having proved beyond any reasonable doubt that members
of the defence team, family members and friends of the two detainees had
reported in the headquarters of the SSS to receive them the story has now
changed.
“The SSS has now said that
“It is only appropriate that those who stood surety for Sowore present
themselves and have him released to them.”
“From the latest statement
it is crystal clear that the SSS has no scores to settle with Mr. Bakare.
Hence, the SSS has decided not to invite his own sureties to collect him. It is
hoped that the SSS will release him without any further delay.
“With respect to Mr.
Sowore, we wish to state, without any fear of contradiction, that the SSS has
apparently constituted itself into an appellate court over the Federal High
Court. For the avoidance of doubt, no condition is attached to the order of
court for the release of both detainees.
“Therefore, the SSS is
aggravating the felony of contempt of court by asking sureties who had been
verified by the trial court to report in its office for an illegal
verification.
“In view of the reckless
insinuations of the SSS, I am compelled to point out that my colleagues and I
did not risk our lives for the purpose of substituting military dictatorship
for civilian autocracy. It is pertinent to point out that suspects who were
presumed innocent under the defunct military junta were not exposed to the
crude intimidation that has become the lot of Sowore and Bakare.
“Even when five of us were
charged with treasonable felony in May 1992 we were released after we had met
the bail conditions. On that occasion, the SSS never asked our sureties to
report after they had been verified by the trial court. I demand for nothing
less for my clients under the current political dispensation which ought to be
anchored on the rule of law.
“Finally, I confirm that I
have an official relationship with the DG of SSS. But since the commencement of
the case of Sowore and Bakare the DG has refused to pick my calls while I have
since become a persona non grata in the office of the SSS.
“With respect to the
baseless allegation that I am playing to the gallery by demanding for the
release of my clients in line with the valid and subsisting order of a
competent law court, I shall take appropriate action under the law. Meanwhile,
the SSS should release our clients from illegal custody and should stop
exposing the country to unwarranted ridicule.”
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