The convener of #RevolutionNow protests, Mr Omoyele Sowore, has challenged the powers of the Department of State Security Services (DSS) to arrest, investigate and prosecute him or any person under the Terrorism Prevention Act as amended.
In documents filed on his behalf by human rights activist and Senior Advocate of Nigeria(SAN), Mr Femi Falana, Sowore contended that the DSS was not one of the law enforcement agencies recognised and listed in Section 40 of the Terrorism Prevention Act as amended.
“Although we are not unaware that the Department of State Service (DSS) is listed in Section 40 of the Terrorism Prevention Act, we submit that the DSS is not a juristic person having not been created by any Act of the National Assembly,” a suit filed at a Federal High Court in Abuja read.
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Sowore stated that the fact that the SSS and DSS were used interchangeably in the country has not conferred legal status on the Service.
According to him, the motion ex parte for his arrest was filed by the SSS and not DSS and as far as the law is concerned, the SSS has no power to substitute itself for the DSS.
The #RevolutionNow protests convener further denied DSS reports linking him to any terrorist activity.
He said he has never been involved in any terrorist activity and there was no evidence whatsoever linking him to same.
In specific response to the mass protest tagged “Revolution Now’’ which took place in some cities across the country on August 5 in his absence, Sowore said there was no reported attempt to violently topple the government in Nigeria.
“The use of the word ‘revolution’ is not a criminal offence in Nigeria. Since a revolutionary change of government requires the complete overhaul of the legal and social order, the August 5 protest is not a revolution in the eye of the law,” the suit added.
Read the suit filed by Sowore below:
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/915/2019
BETWEEN
STATE SECURITY SERVICE )…….. APPLICANT/RESPONDENT
AND
OMOYELE SOWORE )……….. RESPONDENT /APPLICANT
RESPONDENT/APPLICANT’S REPLY ON POINT OF LAW
I, ABUBAKAR MARSHAL, male, adult, Nigerian citizen of 22 Mediterranean Street, Imani Estate, Off Shehu Shagari Way, Maitama District, Abuja do solemnly make oath and state as follows;
That I am a Legal Practitioner in the Law Firm of Falana and Falana’s Chambers, Solicitors to the Respondent / Applicant herein.
That by virtue of the above, I am familiar with the facts of this case
That the Respondent / Applicant is currently yin the detention of the Applicant / Respondent and as such he is unable to depose to this affidavit.
That I have the consent and authority of the Respondent / Applicant as well as that of my employer to depose to this affidavit.
That on the 20th and 21st August, 2019 at the hour of 13:00 hours O’clock at the Department of State Security Services Headquarters, Aso Drive, Abuja the Respondent / Applicant informed me of the following facts which I verily believe as follows:
That he has read the Counter Affidavit of Godwin Agbadua, Esq of the Legal Services Department, National Headquarters of the Applicant / Respondent.
That Paragraphs 4 (ii- xxiii) of the said Counter Affidavit are untrue.
That in specific response to Paragraph 4 (IV) he has never been involved in any terrorist activity and there is no evidence whatsoever linking him to any terrorist activity.
That in specific response to paragraph 4 (v-vi) the mass protest tagged “Revolution Now’’ took place in many cities across the Country on the 5th August, 2019 in his absence but there was no reported attempt to violently topple the government in Nigeria.
That the armed operatives of the Applicant/Respondent who arrested him on August 2, 2019 searched his house, seized his telephones and detain him and subjected him to investigation without any court order.
That on Tuesday, 2nd July, 2019 he met with Mazi Nnamdi Kanu, a British national in New York City, United States of America and at the end of the said meeting, they both issued a joint press statement. A copy of the said statement is hereto attached and marked EXHIBIT A. The Applicant/ Respondent did not know about the meeting until it was reported in Sahara Reporters, an online medium published by him.
That contrary to the deposition in Paragraph (vii-xi) of the counter-affidavit, there was nowhere in EXHIBIT SSS1 where he expressed a desire to launch any violent attack or topple any government in Nigeria.
That in further response to paragraphs 4 (vii-xii) he did not plan a coup with anyone but he mobilized the Nigerian people including students and youths, workers, market women and other oppressed people to influence the federal government, the 36 state governments and 774 local governments to address the crises of corruption, maladministration, mismanagement of the economy and insecurity.
On August 5, 2019 the Applicant / Respondent claimed that it had the Respondent/Applicant in custody and boasted that it had foiled the Revolution. In the evening of the same date, the federal government issued a statement wherein it thanked the Nigerian people for not joining the Revolution Now protests.
The present administration had promised to create one million jobs per annum, build one million houses per annum, end epileptic supply of electricity, end corruption and impunity and restructure the country, end insecurity and manage the economy in the interest of the Nigerian people. Apart from failing to address these problems, the Muhammadu Buhari administration has compounded them in a manner that majority of Nigerians are frustrated.
That aside the myriads of challenges noted above, insecurity has increased to the extent that thousands of people have been killed by terrorists, kidnappers, armed robbers, armed herders, armed soldiers and armed policemen without any hope in sight.
That contrary to the deposition in Paragraph 4 (xiv) of the counter-affidavit, the Respondent / Applicant has never visited Dubai or any of the UAE Cities in his life and he has never received any money from any individual, group or organization for the purpose of removing the President or freeing any person through any unlawful means or for any other unlawful purpose whatsoever.
That he has willingly availed the Applicant/Respondent of his local and foreign banks’ account details. In the course of the said investigative interviews of the 7th and 8th August, 2019, officials of the Applicant/Respondent told him that they could not believe that he does not have million of Naira in his accounts.
That due to the refusal of the Applicant/Respondent to obey the court orders for the release Sheikh Ibraheem El-Zakzaky and his wife from unlawful custody his supporters have been protesting against the refusal of the Federal Government to abide by the said orders.
That like million other persons worldwide the Respondent / Applicant has called on the federal Government of Nigeria to obey the court order and release the said Sheikh Ibraheem El Zakzaky and his wife from custody.
That contrary to the assertion in paragraph 4 (xvi) he has never held any meeting or consultations with members of the Islamic Movement in Nigeria.
That on the contrary, the leading members of the ruling party met with the said leader of the Islamic Movement in Nigeria several times before this arrest in December 2015. The members of the ruling party or operatives of the Applicant / Respondent have also been meeting him regularly in custody.
That the Applicant/Respondent completed his interrogation based on the information which he made available as the investigators have no information whatsoever. Since the completion of the investigation on August 8, 2019, he has been idle.
That the Respondent / Applicant needs treatment on his ankle which was seriously strained during the midnight invasion of his abode on the said Friday 2nd August, 2019 by the armed agents of the Applicant/Respondent.
That his pedigree as a pro-democracy activist, social crusader and front line opinion molder is unblemished and he is one of the activists who played vital role in restoring democracy in Nigeriia in May 1999.
That on August 4, 2019, he and other organizers of the peaceful protest released “the rules of engagement” where they said that, “We eschew all forms of violence. No protester should throw any object as little as stones or attack any security officials. We are aware of their intent to provoke the mass unduly by using undue tactics and sponsored agents, so as to give the protest a bad name. We encourage all Nigerians to remain calm as we are ready to fight these injustices to a logical conclusion”. Attached hereto and marked EXHIBIT H is a copy of the said news press release of the rules of engagement.
That contrary to the averments in paragraph 4(xvii-xxii) of the counter-affidavit, the protests actually held on the 5th August, 2019 and none of the persons who took part in the said protests engaged in any form of violence or attack.
The Respondent/Applicant further avers that the agents of the State unleashed violence and mayhem on peaceful protesters. Attached hereto and Marked EXHIBIT H1 and H2 are documents confirming the assertion.
That the persons who were arrested and charged for participating in the peaceful protest of 5th August, 2019 have since been released on bail.
That even President Muhammadu Buhari was once tear-gassed by the Applicant/Respondent and the Nigeria police force for protesting against electoral malfeasance. Attached herewith and marked EXHIBIT I. A copy of a newspaper Report on how the Applicant/Respondent and the police tear-gassed General Muhammadu Buhari and other political leaders in the country.
That President Muhammadu Buhari and other leaders of the ruling party had led street protests in the past which the Applicant/Respondent claimed were planned to overthrow the federal government. Attached hereto and marked EXHIBIT J and J1 are documents confirming the assertion.
That President Muhammadu Buhari led protest marches after each consecutive loss of the presidential elections won by Messrs Olusegun Obasanjo, Yar’adua and Goodluck Jonathan of the PDP in 2003, 2004 and 2014 but was neither arrested nor charged for planning to overthrow the government.
That he is not a coup plotter like the military officers who toppled elected governments in Nigeria in January 1966 and December 1983 but who were never arrested and prosecuted by the Federal government.
That based on the misleading advice of the Applicant/Respondent, any political leader who criticized the federal government has always been accused of engaging in sabotage, treason, treasonable felony or terrorism. Individuals and bodies that have been so accused include:
The Nigeria Labour Congress under the leadership of Comrade Adams Oshiomole , the current Chairman of the APC had been accused of sabotaging the economy for protesting against the incessant increase in the prices of fuel under the former Olusegun administration.
In 2010, the Jonathan administration accused former Vice President Atiku Abubakar of treason for saying that those who make peaceful change impossible make violent change inevitable.
In 2010, the Jonathan administration accused ex-military president Ibrahim Babangida, Alhaji Atiku Abubakar and other PDP leaders of sponsoring the bomb blast which occurred at Abuja and killed 16 people and injured several others. The Applicant/Respondent even arrested and detained Chief Raymond Dokpesi. But the alleged sponsors of the bomb blast were not prosecuted due to lack of evidence to substantiate the monstrous allegation emanating from the Applicant/Respondent. In 20111, General Buhari was accused of sponsoring the political violence.
In 2014, the Jonathan administration accused the Academic Staff Union of Universities (ASUU) of sabotage for going on strike to demand for adequate funding for public universities.
In May 2015, the federal government warned those who were planning a coup de tat to desist from the plot.Even though the Chief of Army Staff, General Tukur Buratai denied the involvement of the Nigerian Army in the planned coup but the alleged coup plotters have not been arrested and prosecuted.
In 2015, operatives of the Applicant / Respondent and armed soldiers invaded the Lagos State Secretariat of the APC and carted away computers. At the end of the invasion the Applicant / Respondent claimed that it had found evidence of the planned rigging of the 2015 general election but the leaders of the APC were not charged with any offence.
In 2014, the Jonathan administration filed terrorism charge against the 12 leaders of the APC in Ekiti State for frustrating the alleged plan of the PDP-led government to rig the 2014 governorship election in Ekiti State but the charge was withdrawn due to lack of evidence.
In 2018, the federal government claimed that it had credible evidence of plans to sabotage Buhari’s administration but it has not charged the so called saboteurs with treason or treasonable felony.
In 2019, the Buhari administration has accused Ahaji Atiku Abubakar of treason Alhaji Abubakar has reacted by dismissing the reckless allegation.
The federal government has either blamed disgruntled Nigerian politicians or the former regime of the late President Mummar Gaddafi for killings by armed herders but the Buhari administration has not charged any of the disgruntled politicians with any offence. Even the 3,000 herders arrested and detained for murder and sundry offences have not been arraigned in any court in Nigeria.
After the 2019 general election the federal government also alleged that defeated candidates were sponsoring bandits and herdsmen to prevent the inauguration of the President but the so called sponsors of violence have hot been arrested and prosecuted by the Applicant / Respondent.
