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HURIWA Reacts To DSS Prolong Detention Of Sowore
The Human Rights Writers Association of Nigeria, (HURIWA) has called on the National Judicial Council,(NJC),Nigerian Bar Association, (NBA) and the International Bar Association, (IBA) to collectively adopt constructive steps in protest against the pattern of “serial disrespect of court orders by Buhari and the Department of State Service (DSS) which may lead to collapse of the judiciary.
The rights group said that the nation’s judiciary was hobbled by the internal contradictions and credibility crises of the unedifying manner and circumstances that threw up the newly sworn-in Chief Justice of Nigeria, Tanko Muhammad and head of the Judicial arm of government which accounts for the widespread disregard for orders of competent courts of law by central government officials.
HURIWA was reacting to the reported threats of the Federal High Court to jail the Director General of DSS, Yusuf Bichi for contempt of court, following the refusal of the secret police release activists, Omoyele Sowore and Olawale Adebayo Bakare despite court orders.
The group’s National Coordinator, Emmanuel Onwubiko said that external assistance was needed to rescue the judiciary of Nigeria from implosion and collapse as a result of cocktails of self-inflicted credibility problems.
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Stating that the NBA should drive the process and should seek technical help from global legal bodies, HURIWA charged the Chief Justice of Nigeria to be courageous, grow balls enough and to order that no courts of law should entertain any matter filed by the State Security Services(SSS) until the agency comes clean and obey all subsisting bail orders by releasing all illegally detained suspects.
HURIWA said: “We in the human rights community have done extensive research on how to rescue the judiciary from imminent collapse due to executive lawlessness and we are aware that apart from contempt proceedings, a judge can set aside any act done in disobedience of court orders and judgments.
“We learnt from the scholarly writings of one of the retired but reputable jurists that this is the decision of the Supreme Court in The Attorney-General of Ekiti State v. Prince Daramola. The court of Appeal held that the Ondo State Government appointed Warrant Chiefs in disobedience to an existing valid order of court.
“The defence of this allegation was that the order was not properly served on the Attorney-General. Although the Court of Appeal condemned the disobedience, describing the act as “blatant, brazen and lawless”, the Supreme Court held that the order of intern injunction against the Ondo State Government was not properly served on the Attorney-General.”
HURIWA noted that from its findings, the “Supreme Court however held that a court can set aside act done in disobedience of order of court. The proper approach in setting aside act done in disobedience of order is by applying to the court in the same proceedings and not by filing an entirely new suit.
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