Judiciary
Alleged Cybercrime: Sowore To Remain In Kuje Prison, Court Fixes Date For Ruling On Bench Warrant
Justice Mohammed Umar of the Federal High Court, Abuja, fixed June 30 for ruling on a motion filed by Omoyele Sowore, the presidential candidate of the African Action Congress (AAC), seeking to vacate an order for his bail revocation.
Justice Umar fixed the date after Sowore’s lawyer, Raphael Adakole, moved the motion for a stay of execution of the order, which was challenged by counsel to the Department of State Services (DSS), Akinkolu Kehinde (SAN).
Earlier, when the case was called, Adakole informed the court that the matter was scheduled for the hearing of their application.
He said the motion on notice dated June 17 was filed June 19 pursuant to Sections 35(4), 36(1), and 66(a&b) of the 1999 Constitution (as amended), including Sections 169 & 352 of the Administration of Criminal Justice Act (ACJA), 2015, and the inherent jurisdiction of the court.
He prayed the court for an order setting aside the order made on June 16, revoking the bail and issuing a bench warrant against the defendant due to his non-appearance in court on the said date, and restoring the status quo before that date.
According to him, the application was accompanied by a 25-paragraph affidavit deposed to by Emmanuel Larry.
He urged the court to grant all the prayers in the application in the interest of Justice.
Upon receipt of a counter-affidavit by the prosecution, Adakole said the defence filed another affidavit on 24 June. The lawyer further urged the court to discountenance the counter-affidavit filed by the prosecution.
Responding, Kehinde vehemently opposed the application.
In response, the DSS filed a 25-paragraph counter-affidavit, which they shall be relying on in urging the court not to grant the defence application. The senior lawyer said the prosecution also filed a written address in support of the counter-affidavit, urging the court to refuse the defendant’s application.
He argued that Sowore had not placed truthful facts before the court that were capable of swaying the court to exercise its discretion in his favour.
After listening to parties, Justice Umar adjourned the matter until June 30 for ruling. Shortly after adjournment, Adakole, who prayed the court to release Sowore to him, undertook to produce him on the next adjourned date.
Kehinde equally opposed Adakole’s request. He argued that such an application cannot be made orally.
But Adakole told the court that he was only holding a brief for a senior advocate, Adeyinka Olumide-Fusika, “of impeccable character whose words should mean something to the court”.
The judge then asked whether, if Sowore were released to the counsel, won’t it mean that he had already ruled on the application.
He, therefore, said he was more inclined to leave the matter as adjourned.
Justice Umar had, on Monday, June 22, ordered the remand of Sowore, also the publisher of Sahara Reporters, in Kuje Correctional Centre.
The judge, in a short ruling, ordered Sowore to be kept in the correctional centre pending the hearing and determination of his motion for a stay of the order for revocation of his bail and bench warrant filed by Olumide-Fusika.
The judge equally dismissed Sowore’s earlier application seeking the judge’s recusal from the case on the ground of alleged bias.
The judge then adjourned the matter until June 24 for the hearing of the application for stay.
Justice Umar had, on June 16, revoked a bail granted to Sowore following his failure to appear in court for his trial.
Justice Mohammed Umar, in a ruling on an oral application made by the lawyer to DSS, also issued a bench warrant for his arrest.
The DSS is prosecuting Sowore for allegedly making false claims against the person of President Bola Tinubu by referring to him as “a criminal” in a post he made on his “X” and Facebook accounts.
Article
POLITICS AND LAWYERS: PRACTICE WHAT YOU PREACH – JUSTICE TAIWO (RTD.)
I am a lawyer. I studied law and have remained in the practice of law in memory of my late mother, who paid for me to study law at Holborn Law Tutors in the UK. I eventually continued my legal education at the University of Ibadan and graduated from there. She paid almost £7,000 upfront for one year, which was the total tuition fee for one year at that private law school. I will be eternally grateful to her. May her soul continue to rest in perfect peace. We all know what the exchange rate would be today.
In her memory, I decided to remain in the practice of law throughout my legal practice and thereafter, even until now. I tried my hand at property marketing at one time, but I had to drop it, even though I made some money from it. I stopped because it was affecting my legal practice.
There is nothing you do, from my point of view, outside your profession that will not affect your profession. Politics is one of them. Politics itself is an art and a profession, but I must add that, if it is truly for the people and the betterment of the people, it is a good one.
One of the most respected politicians in this country was Chief Obafemi Awolowo, of blessed memory. He practised law and politics successfully, but he was more of a politician. He used his knowledge of law to better the lot of so many people during his lifetime, and, till today, his name remains a reference point in using politics to serve humanity.
Mahatma Gandhi was first a lawyer before he became a politician to serve his people. His name is known more in politics than in law.
Chief F.R.A. Williams was a politician until he dropped politics to devote his entire life to law. He was not a crossbreed. His pathological devotion to law can be seen and read in the political history of Nigeria. In legal practice, to which he committed his entire life after publicly renouncing politics, his invaluable impact is evident in law books, legal records and law reports. He was an enigma and an icon who will forever be remembered, like others too numerous to name, who stayed in the service of law.
The lawyer is meant to be the beacon of society. The lawyer’s creed is to ensure that society is governed according to the law. Chief Gani Fawehinmi was the people’s lawyer. He used the law to better the lot of society. His foray into politics was disastrous because the perception of the lawyer in practice and the lawyer in politics are not symbiotic. They are strange bedfellows.
The people may hail the lawyer in law, but not the lawyer in politics. The ingredients you add to the soup that make a lawyer are different from the ingredients you add to the soup that make a politician. Femi Falana, SAN, my dear friend, was in the same boat as the late Chief Gani Fawehinmi. I feel him more in law now than when he did both.
A lawyer is known to keep to his or her word. Robert Traver, in his book The Anatomy of Murder, stated thus:
“That’s what makes the practice of law, like prostitution, one of the last of the unpredictable professions—both employ the seductive arts, both try to display their wares to best advantage and both must pretend enthusiastically to woo total strangers.”
Joseph Story lived from 1779 to 1845. He was an American lawyer, politician and jurist who served as an Associate Justice of the United States Supreme Court from 1812 until his death in 1845. He stated thus:
“I will not say….that ‘The law will admit of no rival’, but I will say that it is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favours…”
Henry David Thoreau (1817–1862) was not a lawyer. He was an American essayist, poet and philosopher. He said:
“The lawyer’s truth is not Truth, but consistency, or a consistent expediency. Truth is always in harmony with herself, and is not concerned chiefly to reveal the justice that may consist with wrongdoing.”
I have gone through the lawyer’s creed, which is to uphold the rule of law, personal dignity and independence; to offer faithfulness, competence, diligence and good judgment while providing vigorous and honest representation without sacrificing professional ethics; to practise with fairness, integrity and civility, avoiding malicious tactics, unnecessary delays or abusive discovery; to show profound respect, candour and courtesy, ensuring that the search for truth and justice remains uncompromised; to the court or tribunal; to make justice accessible to the poor; and to protect the legal profession as a noble calling rather than a mere business.
I have gone this far in order to buttress the topic for discussion. The practice of law and politics can never converge. You cannot be a master of both. You can be successful in both, no doubt, but along the way, there are sacrifices that will most likely be at cross-purposes with the law.
Very few lawyers, like Chief F.R.A. Williams, of blessed memory, have sacrificed politics for law. The political lawyer will criticise anything, even when the law is clear that, without evidence, you are not expected to speculate.
Nowadays, many lawyers in politics take to the airwaves and the print media, especially in this era of social media, to generalise when making statements. How can a lawyer, trained in the practice of law, make general statements on any topic, especially these days when the judiciary, even in retirement, has become a topic for discussion without any evidence? How can people make general statements about Senior Advocates of Nigeria or lawyers generally?
It is pathetic that those who ought to know, by virtue of their level of education, professional qualifications and recognition in the legal community, are more guilty of this. How can a lawyer remain silent even when injustice happens in front of him and behind him, too, but he keeps quiet?
Many keep quiet these days because they want to satisfy their paymasters, even when it is glaring that the legal profession is suffering from their silence and/or complicity and complacency. These days, many voice personal opinions without let or hindrance for personal and political reasons. Some attack their professional colleagues, even the judiciary, when they cannot get what they want, but they must vent their anger on someone. Some are paid to attack or bring down their fellow colleagues, whether at the Bar or on the Bench.
I like the Yoruba language a lot. I am sorry I will not be able to interpret the idioms I will use:
“Tó bá máa jẹ Oshakala, jẹ Oshakala; tó bá máa jẹ Oshokolo, jẹ Oshokolo. Oshakala, Oshokolo kò yẹ ọmọ ènìyàn.”
“Arítení mo ń wí, àfi àpáàdì bó tiẹ̀ mọ́lẹ̀.”
“Kò sí ẹni tí a máa sí idi ẹ̀, tí a kò ní bá ẹ̀ẹ̀pà níbẹ̀.”
Apologies to those who will read this who are not Yoruba, or those who are Yoruba but do not understand these idioms.
To those who criticise, not out of holiness per se, not out of being a “straight” lawyer or simply out of a desire to be fair, but generalise in order to look good or elicit unmerited applause, look in the mirror and think back to whether you have not done anything you accuse others of doing.
In writing or criticising generally, come out, but most importantly, PRACTISE WHAT YOU PREACH BEFORE YOU CRITICISE.
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