The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has said it was not in his power to order the Department of State Services (DSS) to release Omoyele Sowore.
The AGF’s comment was in response to a call by the counsel to Sowore, Femi Falana (SAN), asking him to order the security agency to release the activist.
Falana, in a letter to Malami titled, ‘Request for the release of Omoyele Sowore from illegal custody’, had said, “Following the announcement of your decision to take over the case of the Federal Republic of Nigeria V Omoyele Sowore and another, two members of the legal defence team visited the headquarters of the State Security Service on December 13, 2019 to demand the immediate release of Sowore from illegal custody.
“Our colleagues were however advised to direct the request to your office in view of the fact that you have taken over the case from the State Security Service.”
Responding however, in a statement by his Special Assistant on Media and Public Relations, Dr. Umar Gwandu, the AGF noted that he cannot order the release of Sowore without recourse to the court where he (Sowore) is standing trial for alleged treason among other charges.
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He said: “When parties submit their issues for determination to a court of law, they lack exclusivity of decision over such issues without recourse to the court.
“We remain guided by the established tradition and will not take a unilateral decision without recourse to the rule of law.”
Recall that Justice Ijeoma Ojukwu of the Abuja High Court had given DSS a 24-hour ultimatum on December 5, to release Sowore and his co-defendant, Olawale Bakare.
The DSS in obedience to the order, released the duo only to have Sowore re-arrested on Dec. 6 from the premises of the Federal High Court where he had appeared for continuation of his trial.
Following pressure from international and local bodies and individuals, the AGF through a letter dated 11th December 2019 and addressed to the Director-General of the State Security Services, National Headquarters Abuja, directed the DSS to transfer Sowore’s case file to his office.
