Femi Falana, senior advocate of Nigeria (SAN), says Abubakar Malami risks being removed as the attorney-general of the federation (AGF) if he fails to secure the release of Omoyele Sowore.

Last Friday, Malami took over Sowore’s case from the Department of State Services (DSS), and with this development, Falana, counsel to the activist, asked him to use his office to secure Sowore’s release.

The AGF, however, said he cannot take any decision on Sowore’s release.

Responding in a statement on Tuesday, Falana said the AGF has not taken note of the legal implications of taking over the case.

“With respect, Mr. Malami has not taken cognizance of the legal implications of taking over a pending criminal case in exercise of the powers of an Attorney-General under the common law and the Constitution,” the statement read.

“In the case of State v Ilori (1983) JELR 51804 (SC) the Supreme Court dwelt in extenso on the powers of an Attorney-General under section 193 of the 1979 Constitution which is in pari materia with section 174 of the 1999 Constitution. In that case Eso JSC of blessed memory said inter alia:

“An Attorney-General, who proposes to act under his powers to institute and undertake, take over and continue or discontinue criminal proceed­ings would need to bear in mind public interest, interests of justice and the need to prevent abuse of legal process before he exercises his powers, since if he ignores any of these, he would run the risk of exposing himself to removal or reassignment by his appointor, and above all – and this is most important – also to public opinion.

“‘The powers of the Attorney-General under s. 191, (and notwithstanding sub-section (3) thereof) are still a matter for his quasi-judicial discretion and one within his complete province. He still possesses the constitutional powers in full and the responsibility for any decision thereupon rests solely on him.

“Since Mr. Malami has taken over the case of FRN v Sowore v Another he is deemed to possess ‘the constitutional powers in full and the responsibility for any decision thereupon rests solely on him.’ Therefore, he cannot like Pontius Pilate wash of his hands with respect to the illegal detention of Sowore by the State Security Service. Furthermore, since section 287 of the Constitution has imposed a legal obligation on all authorities and persons in Nigeria to comply with the decisions of all competent courts the Attorney-General of the Federation, Mr. Malami is duty bound to direct the State Security Service to release Sowore on bail in compliance with the valid and subsisting order of the federal high court.”

The senior lawyer said on legal principle, they are compelled to ask the AGF to direct the DSS to release Sowore without further delay.

Sowore, convener of Revolution Now Movement, was arrested in August for planning a nationwide protest.

Despite a court order granting him bail, the activist has been denied his freedom.

He was briefly released after 124 days in detention but was rearrested less than 24 hours after, and he has been in DSS custody since this time.

The two men were arrested over their call for ‘RevolutionNow’ protests with the DSS accusing them of attempting to overthrow the regime of the President, Muhammadu Buhari.

There have been prepoderance of opinion on the call for revolution depending on the side of political divide you belong to.
I was even shocked and disappointed to see eminent lawyers and respected Nigerians backing Sowore's call for a revolution.
I had to doube check the dictionary to see again the meaning of revolution.
According to Wikipedia In political science, a revolution (Latin: revolutio, "a turn around" is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due to perceived oppression (political, social, economic) or political incompetence.

So in essence, Sowore was calling for a forceful change of government and what exactly was he expecting?
That the presidency will sit down and watch him or was he expecting a love letter from the presidency or security agencies.
Any responsible government anywhere in the world will not fold its hands and watch its stay in power threatened.

Have a nice day everyone.
It's been a very busy month of Barbecue from all of us @.
Almost every single day of the month booked already!
Oh la la!

To God be the Glory, great things he has done!

batstan:

Same to y'all

contigiency:


Boycott the court for a man who said that he doesn't care whatever any judge will tell him about the rule of law for the actions he was about to take? In fact, that the chief justice will be among those he was coming to chase out.

You people should be reasonable and stop this wrong thinking. I know you may be seeing some wrong things in this government, but do you think that if this Sowore was among those given appointment in this same government, he will agree with you today that anything is wrong with it?. Even you will not be different.

mu2sa2:
Buhari haters, who are mostly ipobians, are in for it big time, because President, Alhaji, Major General Muhammadu Buhari will remain in office till 2023. If you like live, if you like don't - but the fact is, Buhari is the president of Nigeria today and so shall it be as God pleases for the next three and a half years. So be it IJN.

SLAP44:
Oga Falana, how market?

You helped chase out "alleged" incompetence just to enthrone confirmed tyranny

SLAP44:
Oga Falana, how market?

You helped chase out "alleged" incompetence just to enthrone confirmed tyranny

jahsharon:
Femi Falana has been drinking with his son Falz the Badt Guy. Falz needs to stop giving his daddy what he(Falz) drinks because it is obvious Femi Falana body system cannot take what Falz is giving him.

jahsharon:


You will wail for long. Even your lord the ineffectual buffoon has moved on and joined APC behind closed door to kick out is current state governor who is PDP, yet you are still crying.

sassysure:
People try for this sowore guy.

We still have people with conscience even if its selfish one.

jahsharon:
Femi Falana has been drinking with his son Falz the Badt Guy. Falz needs to stop giving his daddy what he(Falz) drinks because it is obvious Femi Falana body system cannot take what Falz is giving him.

post=84985853:


Quoted from allafrica.com


https://allafrica.com/stories/201908090504.html


There have been prepoderance of opinion on the call for revolution depending on the side of political divide you belong to.
I was even shocked and disappointed to see eminent lawyers and respected Nigerians backing Sowore's call for a revolution.
I had to doube check the dictionary to see again the meaning of revolution.
According to Wikipedia In political science, a revolution (Latin: revolutio, "a turn around" is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due to perceived oppression (political, social, economic) or political incompetence.

So in essence, Sowore was calling for a forceful change of government and what exactly was he expecting?
That the presidency will sit down and watch him or was he expecting a love letter from the presidency or security agencies.
Any responsible government anywhere in the world will not fold its hands and watch its stay in power threatened.

END OF QUOTE.

Have a nice day everyone.
It's been a very busy month of Barbecue from all of us @.
Almost every single day of the month booked already!
Oh la la!

To God be the Glory, great things he has done!

See y'all sometime again soon.

Merry Christmas in advance to all good and sane Nigerians, wailers alike!
*winks*



Thanku so much Bastan.
We miss you bro!


We read the interview back then, it was shocking!
He even said there won't be any 'BODY' known as DSS anymore after he is through with Nigeria!
Just imagine!

jahsharon:


You will wail for long. Even your lord the ineffectual buffoon has moved on and joined APC behind closed door to kich out is current state governor who is PDP, yet you are still crying.