A Human Rights Advocate, Frank Tietie, has said that it is unknown to our law for DSS to attempt to arrest Omoleye Sowore in the face of the Court.
Mr. Frank Tietie made this statement while speaking on News Track, with the Channels Television on the arrest of Sowore by the DSS. According to him, it is unthinkable that would ever happen in Nigeria.
“It is unthinkable that would ever happen in Nigeria. That we can descend to this level of barbarity, incivility, and while a lot of persons are working to salvage the image of this country, some persons take delight in rubbishing the image of this country, making a mockery of us, our court system.
“It is unthinkable that a law enforcement agent would go into a court. The Administration of Criminal justice Act makes it clear that anybody who is restrained, the moment you enter into the court, the handcuff would be taken off, as the presence of the court symbolizes liberty. To think that the DSS without any reason would become criminally overzealous, in an attempt to destroy our legal system is most unfortunate. I am unable to contain it. I don’t know where it is coming from. It has grave implication,” he said.
Speaking further, he said that one cannot as government want people to obey the law and, then carry on a system of lawlessness, adding that, he hopes they do know that this process of reducing Nigeria to this level of barbarity shows us as a people that we are not civilized. He noted that it has more security implication and that, people will begin to think, and that there is much more to this that meets the eyes.
“You cannot as governments want people to obey the law and carry on a system of lawlessness. I hope they do know that this process of reducing Nigeria to this level of barbarity shows us as a people that we are not civilized. It has more security implication. People will begin to think, that there is much more to this that meets the eyes.
“Arrests are not supposed to be made in the court because a person who has already submitted himself to the jurisdiction of the court, is at the direction of the court. Arrest is only necessary when a person is in the process of committing a crime or has refused to honour a summon. In this case, this is someone who is already standing trial, who has been granted bail by the authority. It is unknown to our law.
“We are not talking about the personality; we are talking about a case where the authority of the court is disregarded to the extent that a person’s liberty is disregarded within the premises of the court unknown to Nigerian law. It is very worrisome,” he added.
Speaking on what the DSS should have done as they discovered new charges, he noted that what they simply have to do is amend the charges before the court, and not re-arrest hum. “What offences would he have committed while in custody?”, he asked.
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
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