Godwin Tsa, Abuja

The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) has said the constitution was not breached in detaining publisher of Sahara Reporters, Omoyele Sowore and former National Security Adviser (NSA), Col. Sambo Dasuki despite court orders to release them.

Speaking on a television programme, yesterday, Malami said legally, the Federal Government had the right to detain Sowore and Dasuki until an appeal against the court order was determined by the Supreme Court.

“Perhaps I need to clear the air on how the rule of law operates within the context of the Nigerian constitution. We have multiple and a plethora of judicial decisions that establishes a fact that when you are challenging a court order through a judicial process, the idea of disobedience to that court order does not arise.

“The misapprehension that set into the system and deliberately put in the public space, is the fact that once there is a court order, you must unconditionally comply. You can only be adjudged being in disobedience of a court order when you don’t take advantage of the constitutional powers, rights accorded to you by appealing against  the order, and perhaps seeking for stay of execution of the order, or perhaps you don’t take any steps seeking variation of the court order.”

Before his release on December 24, Dasuki who was detained for four years, had secured six bail orders, including an order of the Court of  Appeal.

While in the case of  Sowore, a Federal High Court had ordered the DSS to  release him.

The DSS, however, in an attempt to re-arrest Sowore in controversial circumstances inside the courtroom attracted public criticisms.

The secret service had premised its reasons on the fact that it was protecting the country against an enemy. internal security.

On December 5 when Sowore was released, he, at the Transcorp Hilton Hotel, Abuja addressed a group of persons who he reassured of his cause to create anarchy in the country. For emphasis, it should be noted that Sowore is facing trial not as an activist, journalist or a politician, but for his resort to call for violence, forceful takeover of government and suspected transnational illegal activities. It is most unfortunate that Sowore, shortly after being released from custody, based on court order, resorted to acts inimical to security.

To this effect, only Sowore has been re-arrested as his co-defendant, Olawale Bakare, was not picked up even when Falana had promised to deliver him to the Service that is not presently interested in him,”the DSS said.

Meanwhile, Mr.  Femi Falana (SAN), has written to the Attorney General and Justice Minister, Abubakar Malami, demanding the release of Ibraheem El-Zakzaky, leader of the Islamic Movement in Nigeria (IMN).

In a letter dated January 2, Falana said he was making the request in line with the pledge by  President Muhammadu Buhari to respect the rule of law.

Falana reminded the Justice Minister of court orders granting bail to El-Zakzaky and faulted the reasons given by Mr. Malami for the continued detention of the IMN leader.

“In view of the recent decision of the Federal Government to comply with all court orders, we have the instructions of our clients to request you to ensure compliance with valid and subsisting orders of the Federal High Court and Kaduna State High Court concerning them,” Falana said.

On December 2, 2016, the Federal High Court presided over by  Justice G. O. Kolawole (now of the Court of Appeal) declared illegal and unconstitutional the arrest and detention of Sheikh Ibraheem El-Zakzaky and his wife, Hajia Zeinat El-Zakzaky by armed soldiers.