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Rule of Law: Omoleye Sowore & the Federal Government

What happened to Mr. Omoleye Sowore in Nigeria is very unfortunate. His crime is that he called for RevolutionNow protest. The federal government of Nigeria decided to arrest him for calling for RevolutionNow protest and charged him for treason and money laundering. He was arrested, charged to court where he spent more than 45 days in jail. He was granted bail and the Department of State Security (DSS), Nigerian secret police refused to release him after he met his bail condition. He was subsequently released after a federal Judge, Ifeoma Ojukwu, gave DSS an ultimatum to release him by a certain date. Omoleye was subsequently re-arrested in the court premises after one of his hearings.

Mr. Omoleye predicament gradually got the attention of Nigerians who clamored for his release. International community gradually joined in. Some United States law makers sent a letter to the Nigeria attorney general, Mr. Malami and asked for explanation on while Mr. Sowore is still been held by the DSS and requested that the federal government of Nigeria respect the country’s law they swore to uphold.

There is no need for Mr. Sowere to go through what he went through. Calling for Revolution is not the same as carrying out revolution. The man does not have the capacity to carry out a revolution. As a matter of fact, the federal government ended up making Mr. Sowore more popular and a household name in Nigeria due to their ill-advised arrest and unjust prosecution. The federal government should stop over-reacting to meaningless pronouncement by some Nigerians. Mr. Sowore ran for president and got very few votes which shows that he is little known figure prior to his arrest. If the federal government had ignored his RevolutionNow call, it would have fizzled out within one month. Ordinary Nigerians are preoccupied with their daily activities and trying to eke out a living and does not have time to go out on the street and protest for extended period. Charly Boy (Charles Oputa) had his “Mumu Don Do” protest which fizzled out within few weeks. Nnamdi Kalu wallowed in obscurity for years before the Federal government made him popular by arresting, jailing and prosecuting him. Nnamdi Kalu cemented his popularity as the leader of IPOB after his detention. History is replete with people who became leaders, presidents and leading political figures in various countries after their arrest and detention by the government in power. South Africa and Eastern European countries is the most recent example.

The federal government need to stop over-reacting to pronouncement by Nigerians. What they are calling attempt to overthrow government is nothing but citizens exercising their freedom of expression and association. Nigerians must be able to express their opinion without fear of being prosecuted by the state or federal government. Nigerians need to speak more not less. It is how issues are resolved in democratic system of government. The federal government should only act when protest turns into violence or when protest organizers starts accumulating or using weapons to advance their course. Federal government should immediately arrest, detain and prosecute protesters when they start accumulating weapon to carry out mayhem.

It appears that the Federal government under president Buhari just had epiphany few days ago when they released Mr. Sowore and Mr. Dasuki who has been in federal prison for 4 years even though Federal High Court have issued couple of court orders for his release on bail. It appears that they have resolved to start obeying court orders and appealing judgements they do not agree with instead of willfully ignoring court orders. A house built on sand cannot stand. Strict adherence to the rule of law is the only way Nigerian democracy can survive. Federal, state and local government should obey courts orders and appeal judgements they do not agree with all the way to the supreme court when necessary. It can be tedious sometimes but that is the way democracy works. The federal government should report corrupt judges to the Nigerian Judicial Commission for removal. The greatest gift President Buhari can give to Nigerians is for him to institutionalize the rule of law in Nigeria during the remainder of his tenure. President Buhari should make adherence to the rule of law the norm and Nigerians will never allow subsequent leaders to retrogress when it becomes the norms. Re-arrest of people already arrested and granted bail must stop. The civilized way to do it is to amend existing charges by increasing or decreasing the charges and request that the presiding Judge increase the bail amount and terms when charges are increase or decrease the bail amount and terms when it is reduced. Re-arrest of anybody that has been granted bail is primitive and outdated. It makes the federal government look bad.

To be fair, Federal government habit of ignoring court orders did not start with President Buhari. Former Civilian President, Olusegun Obasanjo was famous for repeatedly ignoring court orders. During President Obasanjo’s civilian rule from May 29, 1999 to May 29, 2007, when supreme court sacks any elected official such as governors, senators or members of the House of Representative, Mr. Obasanjo never enforces the order especially if the elected official are members of his own party. Some Nigerians may have forgotten that change only came after late Nigerian president, Umaru Yar’Adua won election and succeeded former president, Mr. Obasanjo. As soon as he took office, he ordered any elected official sacked by the court especially the supreme court to vacate office immediately. Today in Nigeria, We no longer debate if sacked governors or other elected officials sacked by the court should leave office. It is now the norm in Nigeria. President Jonathan continued President Yar’Adua’s obedience to court orders. President Buhari can now start enforcing all court orders so by the time he leaves office; enforcement of court orders will become the norm and his successor will have no choice but to continue the same policy. It is the way democracy gradually developed in Western countries and adherence to the rule of law became the norm rather that the exception. Nigeria must demonstrate that Africans can govern themselves by setting good example.