– SERAP has sent an open letter to Abukabar Malami over detention of Omoyele Swore and Olawale Bakare
– Swore, the publisher of Sahara Reporters, was charged of treason, fraud and ‘insulting President Buhari
– The organisation said Sowore’s case and several similar cases instigated/brought by state governors make a hideous mockery of Nigeria’s criminal justice systems
Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice, urging him to use his position without delay enter a nolle prosequi and discontinue the prosecution of the Convener of ‘RevolutionNow’ protest and publisher of Sahara Reporters, Omoyele Sowore, and Olawale Bakare also known as Mandate for apparently politically motivated charges of treason, fraud and ‘insulting President Buhari.
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.
READ ALSO: 2 killed, Many Wounded As Gunmen Attack Adamawa Villages
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 the 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.
“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 test 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 a 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.
“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.
PAY ATTENTION: Like our Facebook page to stay connected to us
“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.”
