Sowore: Analyst cautions judiciary against trivializing national interest
A Warri- based public affairs commentator, Ishmael Rufus has cautioned the judiciary not to sacrifice national interest on the altar of freedom of expression.
Rufus insisted that the judiciary must accord due priority to national security interest in considering bail for capital offence suspects.
He was reacting to the recent bail granted by a Federal High Court, Abuja, to the Sahara Reporters publisher and candidate of the African Action Congress (AAC) in the 2019 general elections, Omoyele Sowore.
“The judiciary should not play to the gallery of media hype and other populist posturing in considering cases involving national security issues,” Rufus, who stated this at a press briefing in Abuja on Sunday warned that “national interest should not be trivialized.”
The issue of Sowore, according to the public affairs commentator, “should raise genuine concerns whether the gravity of the offences for which he has been charged justify his release on bail.”
Sowore is being charged by the federal government with the conspiracy to commit treason, which a capital offence.
“Unfettered expression of ideas may cause serious harm, hatred or contempt or excite public disaffection or incite or instigate violence or threats within or against the state. Any government that delays action against the mismanagement of public space in an attempt to allow freedom of expression does so at its own peril.
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“That is why it is provided in Section 39 (3) and Section 45 (1) of the constitution that the provisions of Section 39 would not invalidate any law that is reasonably justifiable in a democratic society.
“Nothing in Sections 37, 38, 39, 40 and 41 of the constitution shall invalidate any law that is reasonably justifiable in a democratic society in the interest of the defence of public safety, public order, public morality or public health or for the purpose of protecting the rights and freedom or other persons.
“It is instructive that the Abuja court held that since the charges of terrorism had already been filed against Sowore, he must deposit his international passport and travel documents to the court to guarantee his availability for trial, an indication of the risks to national security and evasion of justice.
“Yet, it went ahead to hand him over to his lawyer,” he wondered.
Rufus recalled what happened in the cases of the leader of the proscribed Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu and leader of Shiites, Ibrahim El Zakzaky, when they were granted bail and leave respectively.
“This recalls the Nnamdi Kanu bail episode and the granting of medical leave to IMN leader, Ibrahim El Zakzaky when the courts caved in to undue pressure to grant supposedly justified bail only to end up in fiascos.
“Although, the constitution in Section 39 provides for the freedom of expression, such freedom is not absolute and it comes with its own limitations,” he further posited.
The analyst further argued that “whether the actions of Sowore fall within such limitations will be decided by the court in due course. “However, if freedom of expression is left unfettered, it is certain to be abused,” he argued.
Our correspondent recalls that Sowore has been in the custody of the DSS for 45 days following his arrest on August 3, for planning a nationwide protest tagged: “RevolutionNow.”
A day before the expiration of the ex -parte order, the DSS charged him with the offences of treasonable felony and money laundering as well as terrorism and plots to overthrow President Muhammadu Buhari.
