The Minister who spoke to the BBC Hausa and the Hausa Service of the Voice of America said the Government released the duo on compassionate grounds.

“Even if we received any communication from them, that will never be the basis on the part of the Federal Government to obey or disobey court orders emanating from Nigeria,” he said.

“The only reasons for the release of Omoyele Sowore and Sambo Dasuki revolved around our commitment to the rule of law, obedience to court orders and compassionate grounds

“It is important to understand the fact that as far as the law is concerned and in relation to the Nigerian justice system, one has multiple options after a court has ruled on a matter.”

Interestingly, Malami admitted that the government has right to appeal the bail order, an option many had advised the government to take.

Malami said each of the cases of Dasuki and Sowore were treated on their individual merit and not in relation to one another or any other factors.

He said it was blatant falsehood the claims that Dasuki was detained by Buhari to settle scores.
“The critical question that you may ask should be whether there is a strong suspicion of committing an offence or not.

“If there is a strong suspicion of committing an offence which deserved, as a matter of necessity, to be investigated through legal steps then there was no room for thinking of witch hunting an individual, scoring acrimonies or personal vendetta against anyone.

“The time has now come for Sambo Dasuki and Omoyele Sowore to also enjoy bail based on the merit of their individual cases. They were charged based on their individual cases, taken to court, granted bail and now have been released.

“All the individuals involved were treated fairly and justly; they were taken to court, enjoyed the court’s favourable discretion and they were all released,” Malami said.

A terse statement Monday night by his Special Assistant on Media, Umar Gwandu, said such will amount to a unilateral decision as the case of the #RevolutionNow protests convener and his co-defendant, Olawale Bakare, was still in court.

InsideOjodu reported that Femi Falana, who is representing Sowore in court had demanded that Malami take action on the continued incarceration of the activist.

His call followed Malami’s order to the DSS to hands-off the trial of the activist and hand over the case to his office.

But Malami said the action doesn’t mean he could free Sowore at will.

Malami 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 unilateral decision without recourse to the rule of law,” he added.

This is sequel to a point of order moved by the Chairman of the Committee, Senator Opeyemi Bamidele.

The President of the Senate asked Bamidele’s panel to start legislative action on the issue and submit its report next week.

Some suspected operatives of the secret police were shown in viral video recordings last week, making frantic efforts to arrest Omoyele Sowere, Convener of RevolutionNow Protest inside the courtroom.

According to Falana in a statement, he said contrary to the DSS’ denial issued on Saturday, the leader of the DSS team of operatives, who invaded the court, tendered an apology for their conduct when summoned after the incident by the presiding judge, Justice Ijeoma Ojukwu.

InsideOjodu reports that the DSS had, on Saturday, said the circulation of a video clip on an attempt to re-arrest Sowore in the courtroom was a product of mischief.

The DSS Public Relations Officer, Dr Peter Afunnaya,  in a statement said the video was meant to serve as propaganda to bring the service to disrepute, stating that when Sowore stepped out of the court and sighted operatives of the service on the premises, he ran back into the courtroom.

He said, “In a bid to shield him from an imaginary arrest, his uncontrollable supporters mobbed him while chanting ‘you can’t arrest him’, thus the pandemonium that ensued.”

But on Sunday, Falana said the inability of the DSS operatives to defend their conduct prompted their subsequent apology to the judge, who was made to adjourn cases on her list following the invasion of her courtroom by the agency’s operatives.

He described the statement issued by the DSS spokesperson as “self-contradictory” and “an unsuccessful attempt to absolve the agency of   responsibility  for the  invasion of the Federal High Court, Abuja Judicial Division, in general, the desecration of  the Court 7 presided by  Justice Ojukwu in particular,  as well as the illegal re-arrest of Omoyele Sowore.”

He stated, “By the advantage of information technology, the whole world has placed responsibility for the gangsteric desecration of the court on the DSS.

“The DSS cannot extricate itself from the abominable acts of December 6, 2019.

“When I informed the court that fresh charges were being filed against our clients and that they could be re-arrested, the prosecution denied the plan.

“As soon as the case was adjourned, the DSS pounced on Sowore and caused a disruption of the proceedings of the court.

“Having taken over the courtroom, Justice Ojukwu hurriedly rose and asked the registrar to adjourn all other cases.

“After the learned trial judge had risen for the day, she summoned the heads of the prosecution and defence teams to her chambers.

“When the lead prosecutor, Dr Liman Hassan (SAN), denied knowledge of the invasion of her court, she directed him to invite the head of the DSS team.

“When challenged to justify the invasion of the court, the officer could not. He apologised to Justice Ojukwu on behalf of the DSS.

“The judge then directed the officer to withdraw the DSS operatives from the courtroom.

“The directive was complied with as the operatives withdrew from the courtroom, but rushed out to join their colleagues who had taken over the entire court house.”

He demanded the release of Sowore “in obedience to court orders, pending the verdict of the court in their trial.

“We equally call for the release of all other political detainees and criminal suspects, who have been admitted to bail, pending trial by competent courts.”

He also demanded a stop to the “bizarre harassment of courts” which he said “cannot be tolerated under a democratically elected government that claims to operate under the rule of law.”

Falana noted that the operatives’ “abominable desecration” of the court on Friday was covered live by domestic and international media and journalists, some of whom he said were victims of the operatives’ acts of “gangsterism, barbarism and brutalisation” that day.

Pointing out contradictions in the DSS  statement, Falana noted that while the agency argued in one breath that “the arrest of Sowore was ‘stage-managed’ by his supporters in order to give the service a bad name, it admitted in another “that officers of the service arrested Sowore outside the court.”

Calling for Sowore’s release, he said, “Having declared that the service arrested Sowore ‘outside the court’, despite the ‘stage managing’ argument, what the Nigerian people want to see happen is the immediate release of Sowore, pending his trial as ordered by the court.”

He further picked holes in the security agency’s statement blaming Friday’s incident on Sowore’s supporters.

He noted that  the DSS operatives involved in Friday’s incident, including the one seen to be seizing and pinning down Sowore, were identifiable.

Falana said  the operatives appeared in different types of wears with some of them even wearing masks.

He stated, “Regardless of the form of appearance, the officers of the service inside Court No. 7 were identifiable by their roles and acts of seizing Sowore and pinning him down.

“It is utter poor reasoning to say that Sowore’s supporters were also those bent on injuring him in order to arrest him.

“The argument of the service in this respect is as unfortunate and pitiable as the earlier argument of the service in respect of the late Chief Gani Fawehinmi, who was once accused of wanting to set ablaze his own house.

“If Sowore’s supporters subjected him to such brutalisation in the presence of the DSS operatives why were they not arrested for contravening the provisions of the Anti-Torture Act, 2017? Or were the DSS operatives expecting the supporters of a defendant wanted by the state to kill him in their presence?”

He noted that “Before submitting himself for arrest, Sowore had rightly demanded a warrant of arrest and a detention order, but the DSS operatives were unable to produce either.”

He said notwithstanding the failure of the operatives to produce any document to justify the arrest, he and members of his defence team took the decision that he should accompany Sowore to the DSS headquarters “in view of his physical brutalisation inside the courtroom and the open threat to his life”.

He added, “I did  and ensured that he was driven in my car to the DSS headquarters where I handed him over to the officers on duty.

“Thereafter, I requested a meeting with the head of the DSS, but I was informed that he was not in the office.”

He added that the DSS allegation that Sowore held meetings with some people could not be justified by the agency.

He asked,  “Why did the prosecution not inform the trial court that the defendant had breached his bail condition?”

Faulting the DSS’ self-adulation as “a law-abiding institution,” Falana asked, “But why did it refuse to comply with the order of Justice Taiwo to release Sowore?

“Why did the DSS threaten to report the judge to the NJC for granting bail to Sowore?

“Why did the DSS subject the order of Justice Ojukwu for the release of Sowore to its own approval by asking the sureties already verified by the judge to report themselves to the DSS?

“Why did the DSS wait for the 24-hour ultimatum issued by the trial judge before releasing Sowore and Bakare?”

Sowore, spoke at the Federal High Court, Abuja, on Friday as the operatives of the Department of State Services rearrested him inside the court.

Sowore was released on Thursday evening after he had spent 125 days in the DSS detention since his arrest last August when he was accused of treasonable felony through nationwide protests tagged #RevolutionNow.

However, drama erupted on Friday, as the DSS operatives invaded the courtroom and re-arrested Sowore, less than 24 hours after his release from illegal custody, in the presence of Justice Ijeoma Ojukwu of the Federal High Court in Abuja, who abruptly suspended sitting and fled her court.

According to him, while speaking with his supporters and family members in a video released by Channels TV, Sowore said,

“It might be my only word on the record before they kill me; this is an attempt to assassinate me in court. They came with guns and they tried to shoot and they dragged me down in front of a judge after I have been granted bail.

“I said it that these are a bunch of lawless people and they were reluctant to respect the order of the court. Now they have shown it to the whole world.

“They tried to break me in prison, sent delegations to me, offering all kinds of things and I refused and they promised that I will not walk out of their detention alive and that is what they have come to implement today.”

Sowere, however, has urged Nigerians not to be afraid, stating that some people have to make the sacrifice for the Country to work.

He said, “What is important for Nigerians to know is that I am not going to give up until every Nigerian benefit from a country that is theirs and I have made it very clear.

“Nobody in Nigeria should be afraid, it is our country and some people have to make the sacrifice for this country to be a country of rule, law and of dignity; and this also involves even judges, if suspects who have been given bail are not safe in court, the judges themselves are not safe.”

He explained that the sudden exit of justice Ojukwu is due to the manner at which the DSS operatives had caused a scene inside the courtroom.

“That is why the judge had to retire hurriedly into her chambers.

“We urge you to hang around so that you can witness this historic day in Nigeria.”

Adeyanju, who spoke with DAILY POST, was reacting after operatives of the Department of State Services, DSS, invaded the courtroom of an Abuja Federal High Court, chased away lawyers before re-arresting Omoyele Sowore, convener of RevolutionNow Protest.

Adeyanju said: “This is tyranny taken too far. We are now in a full military regime. Buhari should suspend the constitution, disband the national assembly, abrogate the judiciary and come out fully as military head of state.

“You saw the way the stormed the court like gangsters, chased away lawyers and took him away.

“Buhari is a tyrant. He has no human Sympathy.”

The drama started shortly after Justice Ijoema Ojukwu adjourned the trial continuation till Feb. 11, 12 and 13 for definite hearing.

News Agency of Nigeria (NAN) reports that Justice Ojukwu had, on Thursday, ordered the DSS to release Sowore and Bakare within 24 hours.

Ojukwu, who gave the order, also awarded an N100, 000 fine against the DSS over its delay to serve the defence counsel with the additional proof of evidence in the ongoing trial despite the court’s order to the effect.

The DSS had, on Thursday, complied with the court order by releasing the defendants and also paid the fine.

At Friday’s sitting, the DSS Lawyer, Hassan Listen, SAN, told the court that the security agency had already complied with the order of the court.

He also hinted that based on the agreement between the parties, the matter adjourned till Feb. 11, 12 and 13 to enable the parties to respond to applications filed.

Also, speaking, Counsel to the defendants, Femi Falana, SAN, confirmed that his clients were released to him on Thursday evening.

“My Lord, at about 5 o clock yesterday, I received a call from my respected colleague to send our lawyers to receive our clients.

“I am happy to tell you that our clients were released and the N100, 000 costs was also paid.

“On account of this, on behalf of our defendants, we wish to express our profound appreciation for your leadership and for standing up for integrity and for standing for the rule of law in Nigeria.

“I also thank my colleague for impressing it on their client to obey the court order.

“I hope my learned friend will allow the defendants to get their freedom notwithstanding the charges,” he told the court.

Justice Ojukwu, who commended the DSS for obeying the Court order, said everyone must be ready to allow the law to take its course irrespective of position one held.

“It is obvious that the DSS has demonstrated its commitment to the rule of law.

“No one is above the law,” adding that those at realms of power must respect the rule of law.

“The DSS has earned the respect of Nigerians for this,” the judge said. She then adjourned till Feb. 11, 12 and 13 for definite hearing.

The court registrar then called the next case for hearing and as everyone began to move out of the court premises, some officers of the DSS, numbering about 15, who had laid an ambush for the defendants, started making their way towards Sowore and Bakare.

There was a stampede as the officers cocked their guns scaring people away. Sowore and Bakare, however, resisted being rearrested.

They ran back into the court premises as the action resulted in a commotion. Justice Ojukwu quickly retired into her chamber.

Sowore, while speaking with the newsmen, said the ploy of the security agency was to kill him.

He said their action had shown that they had no respect for the law, the court and the citizens.

And as at the time of filing this report, Sowore, Bakare and the DSS operatives are still at Court 7 as the action has stopped court proceeding for the day.

The SaharaReporters has reported that the Department of State Services are allegedly attempted to rearrest the Sowore and Bakare, at the federal high court in Abuja on Friday.

According to the online news platform, the DSS operatives also chased away the presiding judge, Justice Ijeoma Ojukwu and assaulted a journalist in their bid to arrest the men.

InsideOjodu recalls that Sowore had recently dragged the DSS before an Abuja Federal High Court over his continued detention.

The activist was asking the court to order the DSS to pay him N500m as general and aggravated damages over his detention which he termed as an illegal violation of his fundamental rights.

Sowore had issued the threat through his counsel, Femi Falana, who alleged that the federal government has applied to the Federal High Court in Abuja for an order to transfer Sowore, and his co-accused, Olawale Bakare, from the custody of the DSS to prison.

He stated this in a letter dated December 1 and addressed to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami.

In the letter, Falana charged Malami to prevail on the DSS to release Sowore.

He said: “In treating the court order with provocative contempt, the State Security Service has insisted on approving the sureties of our clients after they have been verified by the Federal High Court.

“From the information at our disposal, there is no precedent whatsoever for the illegal demand.

“Instead of purging the security agency of such contempt of the Federal High Court, the prosecutor, Dr Hassan Liman (SAN), engaged by your good self to prosecute our clients, has curiously applied to the trial court to have them transferred to a correctional centre and detained indefinitely for having the temerity to question the illegal directive to produce their sureties.

“In view of the fact that the Federal Government has never given any precondition before complying with the orders of the British Court in the case of P & ID and other matters, we are compelled to request you to direct the State Security Service to comply with the orders of the Federal High Court for the unconditional release of our clients.

“Take notice that if you fail to accede to our request, we shall be compelled to carry out the firm instructions of our clients to pursue the contempt proceedings which have been initiated against Mr Yusuf Bichi, the Director-General of the State Security Service.

“In addition, we shall also report your good self and the prosecutor to the Nigerian Bar Association and the Legal Practitioners Privileges Committee for encouraging the State Security Service to treat orders of Nigerian courts with disdain while you are anxious to obey the orders of British courts.”

Falana, who is their lawyer, said the defendants would be freed later on Wednesday.

He said this while asking for an adjournment of the case on the grounds that the Department of State Service in whose custody the defendants have been detained and from where they were produced in court on Wednesday.

He said, “I have already explained to the learned prosecuting counsel that we are encumbered by the refusal of the State Security Service to allow us to prepare for the defence of the defendants.

“I had already asked my learned counsel for the prosecution, that we are confident that the defendants will be freed today (Wednesday) from the custody of the SSS having met the bail conditions imposed on them by this honourable court.

“Once they are liberated from the custody of the SSS, we will be in a position to take full instruction from them.”

Mr. Adeyinka Olumide-Fusika (SAN), who appeared for the second defendant at the Wednesday’s proceedings, also confirmed the development.

But the prosecuting counsel, Mr. Hassan Liman (SAN), opposed the application for adjournment on the grounds that the charges were filed and served on the defendants as far back as September 20.

He said the defendants had “ample time and opportunity to prepare for their defence”.