Sowore: 'You can’t release anyone on compassionate grounds' - Femi Falana fires back

[Edoman]

Sowore: 'You can’t release anyone on compassionate grounds' - Femi Falana fires back at AGF Malami






Human rights lawyer, Femi Falana has said Abubakar Malami, minister of justice and attorney-general of the federation, does not possess the constitutional power to release anyone on compassionate grounds.  
 
Falana said this while responding to Malami’s claim that Omoyele Sowore, convener of the RevolutionNow movement, and Sambo Dasuki, former national security adviser, were released on compassionate grounds.

“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,” Malami had said.

In a letter addressed to Malami, Falana said only the president and state governors are entitled to exercise the prerogative of mercy or release any convicted person on compassionate grounds.

“It is trite law that once a trial court has granted bail to any person standing trial for any offence whatsoever and the bail conditions have been met the detaining authority shall release the person from custody without any further ado,” he said.  
“In other words, the refusal to release a defendant who has been admitted to bail by a trial judge is tantamount to contempt of court. Hence, before Sowore’s release, we had filed Forms 48 and 49 for the committal of the Director-General of the State Security Service to prison for contempt of court.”  
“The government is not permitted to refuse to comply with the order of bail under the pretext of defending the security of the nation. Even under the defunct military dictatorship, detaining authorities were not authorized to incarcerate any person for “security reasons” in defiance of court orders.
“With respect, the federal government has itself to blame for the needless controversy that has trailed the release of the duo. But having belatedly deemed it fit to review your position and advise the federal government in line with the tenets of the rule of law you ought to have apologised to both Sowore and Dasuki.    
“That is what is expected of you in accordance with section 32 (6) of the 1999 Constitution. It is not an occasion for grandstanding or an arrogant display of power.”

[Edoman]

'Falana wants to score cheap media publicity by asking me to apologise to Sowore, Dasuki'- Attorney General of the Federation, Abubakar Malami, says






The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has said that the release of publisher and convener of Revolution Now protest, Omoyele Sowore, and a former National Security Adviser, Sambo Dasuki, were done out of compassion.
 
Malami made this known in a statement released by his spokesperson, Dr Umar Gwandu, while reacting to a statement issued on Sunday December 29th by Sowore’s lawyer, Femi Falana (SAN). Falana had demanded that Malami apologizes to Sowore and Dasuki for allegedly offering wrong advice to the Federal Government which resulted in the prolonged detention of Dasuki for four years and Sowore for over four months despite different court orders granting them bail.
 
Reacting to Falana's comment  demanding an apology to Dasuki and Sowore, Malami in his statement, said he is disappointed at the Senior Lawyer for making such demands when he knows that the release could only have been granted based on valid reasons which includes compassion.

“First, it is beyond doubt that the Federal Government of Nigeria or any prosecuting  authority has been vested with constitutional right of appeal in criminal prosecutions. These rights extend to rulings on bail and right to seek to vary terms of bail, among others. Thus, in any circumstance where this right is waived by the prosecution, it can only be for valid reasons, including compassion, after all connected issues have been duly considered.” the statement read

 
He accused Falana of trying to garner media hype in condemning the Federal government's kind gesture of releasing Sowore and Dasuki.

“It is further appalling to note that in a bid to garner media hype in condemnation of a valid governmental action taken in good faith and in the interest of the general public, Mr Falana, SAN, resorted to quoting non-existing sections of the constitution by stating that,  Mr Malami (SAN), should have apologised to Col. Dasuki (retd.) and Mr Sowore in accordance with Section 32(6) of the 1999 Constitution…It is unfortunate that a senior member of the bar could resort to concoctions and fabrications of non-existing provisions just to score cheap media publicity.
It is important to highlight that the statement issued by the Office of the Attorney General of the Federation and Minister of Justice, which Mr Falana was allegedly responding to, did not howsoever state that the duo of Dasuki and Sowore were released further to the constitutional provisions on Prerogative of Mercy.
A lawyer of Mr Falana’s status should thus desist from stretching arguments beyond reasonable limits in order to score cheap political points. It is a common knowledge that Prerogative of Mercy and compassion simpliciter are two different concepts.” the statement read