Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice, urging him to use his position “to without delay enter a nolle prosequi and discontinue the prosecution of the Convener of ‘RevolutionNow’ protest and publisher of Sahara Reporters, Mr Omoyele Sowore, and Olawale Bakare, also known as Mandate for apparently politically motivated charges of treason, fraud and ‘insulting President Muhammadu Buhari’.”

SERAP said: “We urge you to use your role as a trustee of the public interest under section 174 of the Nigerian Constitution of 1999 (as amended) to end several of similar trumped-up cases going on in several states.”

In the letter dated 21 September 2019 and signed by SERAP deputy director Kolawole Oluwadare, the group said: “Sowore’s case and several similar cases instigated/brought by state governors make a hideous mockery of Nigeria’s criminal justice systems, rule of law, freedom of expression and media freedom. These cases are persecution and not prosecution. As guardian of the public interest, you have a role to end this travesty now, and to maintain the sanctity and integrity of Nigeria’s justice system.”

SERAP also said: “These cases set a dangerous precedent for the misuse and subversion of the justice system, which may lead to the politicization of judiciary. This will be bad for everyone—ordinary citizens, journalists and even the politicians in power, as they may themselves become targets of these repressive and abusive tactics when they are out of power/in opposition.”

The letter read in part: “While the Nigerian government has the responsibility to prevent and prosecute criminal offences, it ought to do so lawfully, and in full compliance with human rights and the rule of law. Exercising your constitutional independence and discretion to withdraw these kinds of charges would meet the text of reasonableness, demands of justice, and as noted, serve the public interest.”

“Laws against terrorism and money laundering should be properly used, and not to undermine critical voices, activists, and the media. Invoking the charges of treasonable felony to unjustifiably or arbitrarily restrict the right to freedom of opinion and expression would minimise the seriousness with which our laws traditionally treat such offences, and undermine the essence of the criminal justice system and the rule of law.”

“If not urgently addressed, the misuse of the criminal justice system and politicization of Nigeria’s judiciary would jeopardise the independence of the judiciary and the rule of law and lower the public estimation of the ability of our justice system to serve as the last hope of justice for desperate victims. Unless these bogus charges are immediately withdrawn, there is a danger that the public interest represented by the courts and that represented by your role, might part company.”

“Attacks on journalism are fundamentally at odds with protection of freedom of expression and access to information, which in turn is key to promoting transparency and accountability, and the achievement of the government’s anti-corruption agenda.”

“Withdrawing this case would send a strong message to many state governors that your office will not accept their persistent abuse of the criminal justice systems to jail journalists, bloggers and activists, just as it is, for example, the case in Cross River State, where journalists Agba Jalingo and Ekanem Ekpo have been charged with treason and now being detained for 90 days simply for reporting about an alleged diversion of N500 million by the Cross River governor, Ben Ayade.”

“As Nigeria’s Chief Law Officer, it is vital to our democracy, judicial independence and rule of law for you to stop the Federal Government and state governors from misrepresenting the country’s constitutional jurisprudence and international obligations in the matters of freedom of expression and media freedom.”

“SERAP notes that last Friday the Federal Government filed a seven-count charge of cybercrimes of insulting Mr Buhari, money laundering and treasonable felony against Sowore and Bakare. The charges followed their detention by security operatives on 2nd August, 2019. Order was his detention was not made until the 8th of August.

“SERAP also notes that at a forum we organized in June 2019 to discuss the legality of the Cybercrimes Act, your representative and the Head of Cybercrimes Prosecution Unit in the Ministry of Justice Mr. Terlumun George Tyendezwa said the Justice Ministry was committed to pursuing the amendment of the Act, to remove its repressive provisions like insulting public officials, which is now being used in this case, and frequently to undermine freedom of expression, media freedom and provide special protection for public figures including president and state governors.”

“Nigerian constitution and international human rights treaties such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party protect even shocking and offensive speech.”

“Article 19 of the International Covenant on Civil and Political Rights guarantee everyone’s right to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media, including in the form of art.”

“The Human Rights Committee in fact underlines in General Comment 34 that laws should not provide for more severe penalties solely on the basis of the identity of the person and that the value placed by the Covenant upon uninhibited expression is particularly high in cases involving public or political figures. Thus, the mere fact that forms of expression are considered to be insulting to these figures is not sufficient to justify the imposition of penalties.”

“These restrictions on freedom of expression and media freedom cannot meet the basic tests of legality, reasonableness and proportionality. It is normal for expression to provoke controversy, reaction and discourse, even anger but not punishment, fear and silence.”

“We hope that the aspects highlighted will help guide your actions in acting to withdraw the charges against Sowore and Bakare, and several other similar charges instigated or brought by state governors across the county. We would be happy to provide further information or to discuss any of these issues in more detail with you.”

http://serap-nigeria.org/charges-against-sowore-a-mockery-of-justice-end-the-case-now-serap-tells-malami.ngo/

President Buhari should give Sowore a presidential pardon if he has committed any crime and is convicted by the courts. We still need vibrant opposition figures like that to speak truth to power.

k

P

BUHARI HAS BEEN MAKING MORKERY OF OUR JUDICIARY SYSTEM AGAINST THE FORMAL CJN NOW SOWORE. WE ARE WATCHING! NBA SHOULD SPEAK , ITS A SHAME

FreeSowore now!!!

kikikiki

It looks like after Nnamdi Kanu spoke up for Sowore, all of a sudden all the people that were silent for weeks finally found their voice.

GEJ and his gang of thieves were an absolute disaster. There was freedom of speech yes, but there was more freedom to STEAL especially at the top. They were gonn run Nigeria finances down the gutter had they not been kicked out and I have NO REGRETS being a part of that process. Sowore was right!!!!!!!

Gej's disastrous performance in office pushed Nigerians to Buhari whose propaganda machine convinced the majority that he was now a reformed Democrat. We were wrong and we admit it now. To err is human.

You cant fault sowore's stance against GEJ. The same way he went against GEJ is the same way he went against abacha, babangida, and now buhari. He's persistently been on the side of the truth and constantly fought the political class for the masses. I am yet to see anyone with any concrete proof of corruption against the guy. Not even Gej's houseboy, con-artist Pastor Reno was able to provide any proof of corruption against sowore


Free Sowore

every morning i do think how manage I choose this country among the hundredth of countries we have on Earth...
I Bleep up big time!

To be realistic osibango has been the most activE vice President since democracy,, obansanjo tied atikus hand ,,he wasn't active exactly why they fell out,,,the one under Jonathan na no go area,, I'm sure most of us don forget e name,,na total ode ,,na close to abattoir e house de for Zaria,, rotten village like that,,,so let's stop this osibanjo bla bla bla here and there,,, is he complaining,, if he's not okay he'll step out

Aben333:
Sowore is reaping the seeds he helped in sowing

shut up jooo even your GEJ was a useless president....

Word

Can AGF Malami act on his own without Abba Kyari’s approval?

jayfolarin:
GEJ and his gang of thieves were an absolute disaster. There was freedom of speech yes, but there was more freedom to STEAL especially at the top. They were gonn run Nigeria finances down the gutter had they not been kicked out and I have NO REGRETS being a part of that process. Sowore was right!!!!!!!

Gej's disastrous performance in office pushed Nigerians to Buhari whose propaganda machine convinced the majority that he was now a reformed Democrat. We were wrong and we admit it now. To err is human.

You cant fault sowore's stance against GEJ. The same way he went against GEJ is the same way he went against abacha, babangida, and now buhari. He's persistently been on the side of the truth and constantly fought the political class for the masses. I am yet to see anyone with any concrete proof of corruption against the guy. Not even Gej's houseboy, con-artist Pastor Reno was able to provide any proof of corruption against sowore


Free Sowore

There is no freedom to steal now ? Now that people pay to become minister

Monkeys and baboons

mrvitalis:

There is no freedom to steal now ? Now that people pay to become minister

Incase you didn't follow my writeup, I also think buhari's admin is a complete disaster that should be corrected asap! I just think it's disingenuous for people to start making GEJ out to be a hero of some sort.

Sowore is reaping What he sowed,



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Aben333:
Sowore is reaping the seeds he helped in sowing

This rubbish is getting old
He didn't hate GEJ when he pursued the cabal trying to shut out Johnathan ?

jayfolarin:


Incase you didn't follow my writeup, I also think buhari's admin is a complete disaster that should be corrected asap! I just think it's disingenuous for people to start making GEJ out to be a hero of some sort.

GEJ is better in every area ....i mean every area

mrvitalis:

GEJ is better in every area ....i mean every area

HIV is better than Ebola on the immune system. It doesn't make getting it attractive

jayfolarin:


HIV is better than Ebola on the immune system. It doesn't make getting it attractive

You de mind them? As if Nigeria was El Dorado during GEJ term.

confused DSS

buhari and his govt can never function as real democrats. Bunch of oppressors

BAZTARDS

horsepower101:
It looks like after Nnamdi Kanu spoke up for Sowore, all of a sudden all the people that were silent for weeks finally found their voice.

atleast, someone must be a masiah. don't make fuse out of it, your voice is only on nairaland.

When Nigerians are ready, they know what to do to get their country back from hijackers. I’m done with feeling emotional for a people who are comfortable in suffering, smiling and only ready to rant on social media.

igbodefender:
President Buhari should give Sowore a presidential pardon if he has committed any crime and is convicted by the courts. We still need vibrant opposition figures like that to speak truth to power.

You need vibrant opposition figures... Of what use are they to Buhari and APC??!