Standup9ja: FG wrong to keep Dasuki, El-Zakzaky in detention
–SANs
Friday Olokor, Ade Adesomoju, Oladimeji Ramon and Olaleye
Aluko
Prominent Senior Advocates of Nigeria, on Wednesday,
condemned the Federal Government for the continued detention of the immediate
past National Security Adviser, Col. Sambo Dasuki (retd.), and the leader of
the Islamic Movement of Nigeria (Shiites), Sheik Ibrahim El-Zakzaky.
The SANs, who condemned the continued the detention of the
duo, in separate interviews with The Standup9ja on Wednesday, were Adegboyega
Awomolo, Mike Ozekhome, Kunle Ogunba, Tunji Oyetubo, Sebastine Hon and Edward Ashiekaa
Dasuki is being tried for his roles in the alleged diversion
of $2.1bn meant for the procurement of arms during the regime of former
President Goodluck Jonathan.
El-Zakzaky, on his own, is held in connection with the clash
between his sect members and soldiers in Zaria in December 2015.
The Nigerian Bar Association and the Chairman, Presidential
Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), had called on
the Federal Government to obey court orders on the detention of Dasuki and
El-Zakzaky.
While the NBA, through its President, Mr. Abubakar Mahmoud
(SAN), said the continued detention of Dasuki and El-Zakzaky was unjustifiable,
Sagay, on Tuesday, called on the Federal Government to either free the suspects
or appeal court rulings, ordering their release.
In his own reaction, Oyetibo condemned the Federal
Government’s disobedience of the court orders to release Dasuki and El-Zakzaky,
saying the government was “contemptuous.”
Oyetibo noted that the government, which professed to be
democratic, needed to apologise to Nigerians for such defiance of court orders.
He said, “There is no debate as to whether the Federal
Government should release Dasuki or El-Zakzaky or not. This is because a
competent court of law has ordered that the release should be done.
“We all know that an essential ingredient of democracy is
the adherence to the rule of law, which, in this case, has been flouted by the
government.
“It is therefore contemptuous for the government to disobey
court orders, particularly a government which professes to be democratic.
“I therefore say that the Federal Government should
apologise to Nigerians and do the needful. There is no debate in this matter.”
Ogunba said the call by the NBA that the Federal Government
should release Dasuki and El-Zakzaky was right.
He said their continued detention, when they had not been
convicted, amounted to a violation of their fundamental rights.
Ogunba stated, “Well, I support the call for their release.
As a government, you cannot be above the law. If that is the position of the
court, the government cannot continue to detain them because the court is an
independent arm of government and the Federal Government cannot override the
court.
“The way our law is, they are presumed innocent until they
are proven guilty; and since they have not been convicted yet, it is a
violation of their right to continue to detain them.”
Ogunba, however, questioned the moral qualification of the
NBA to call on the Federal Government to obey a court order, noting that the
association’s executive had been sacked by a court judgment.
He described the continuation in office of the executive
members as a defiance of the court judgment, saying the call by the NBA was “a
right call coming from a wrong arbiter.”
“It is a case of kettle calling the pot black,” Ogunba
added.
Awomolo urged Nigerians “to plead” with the Federal
Government to obey court orders.
He also urged Acting President Yemi Osinbajo, who is a
Senior Advocate of Nigeria, to do the legal profession proud by ensuring the
release of the two detainees as ordered by court.
He said, “Let us plead with the executive arm of government
to respect the orders and judgments of court.
“The government has its reasons for continuing to hold on to
them, but in the interest of democracy and the rule of law that we celebrate,
the government should please, release them.”
Awomolo described the continued suspension of the judges
without trial as “an undue interference with the independence of the
judiciary”.
He said, “It is most unfair that somebody, who has dedicated
himself to the judiciary that way, is being placed on suspension without any
justification.
“The courts in Bayelsa State have been paralysed because the
judges there (Federal High Court and the National Industrial Court) were
accused of misconduct and they were never tried by the NJC. It is an undue
interference in the independence of the judiciary.”
Ozekhome said he was happy that the NBA had finally woken up
from its slumber to begin to defend the rights of citizens under the Muhammadu
Buhari administration. He said the call for the release of Dasuki and
El-Zakzaky was a call that the NBA ought to have made long ago.
Ozekhome stated, “I was once the President of the NBA. The
NBA has been sleeping and watching the rights of Nigerians being trampled upon
by this government without saying anything. I am surprised that they are
finally waking up. But anyway, it is better late than never.
“This is something that I have been speaking against. I have
written articles, I have written legal opinions and press releases about this
issue. I am happy that even those, who are pro-government and endorsed the
high-handedness of this government, are suddenly waking up.
“I am not agreeing with the NBA, rather it is the NBA that
is now finally agreeing with me because this is something I have been talking
about for over one year. They are just finally agreeing with me.”
Also, Hon backed the call by the NBA for the immediate
release of Dasuki and El-Zakzaky.
Hon also backed the NBA’s call for the termination of the
investigation of judges placed on suspension since October last year without
any charges filed against them.
He said the government had no reason to continue to keep the
suspects in detention in the face of court orders directing their release.
The senior advocate believed that it was punitive and
undemocratic to continue to place judges on suspension as a result of an
endless criminal investigation.
Hon said, “It is punitive and degrading to keep them in that
state. We said we are practising democracy but this is not democracy, it is not
good.
“I also go with those calling for the release of Col. Dasuki
and El-Zakzaky.
“These are things that are giving the government a bad
image. Courts have ordered their release; so, there is no reason keeping them
in detention by the government.”
In his own reaction, Ashiekaa argued that the detention of
Dasuki and the Shiite leader was a mockery of the rule of law.
The Benue-based based SAN stated, “When you incarcerate
somebody and the court gives an order, and you still refuse to obey that order,
it is a mockery of the rule of law, it is a mockery of justice. Why are they
doing that? Apart from the cases of El-Zakzaky and Dasuki, there may be many
other cases that we don’t know about.
“That is the type of impunity that we are against. If a
party goes to court and there is an order, which favours the government, it
obeys it. But if it is against the government, the government disobeys it?
“No, that is not the type of democracy we are talking about.
“We are operating constitutionalism and we must obey the
tenets of democracy and constitutional law. We have been consistent in these
things, informing government, including the AGF who, being a political
appointee, could have some problems.”
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