The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), insisted on Monday that the SaharaReporters publisher, Mr Omoyele Sowore, and a former National Security Adviser, Sambo Dasuki were released on compassionate ground.
He said this in a statement by his spokesperson, Dr Umar Gwandu, in response to a statement issued on Sunday by Sowore’s lawyer, Mr Femi Falana (SAN).
Falana had in the statement on Sunday asked Malami to apologise to Sowore and Dasuki for allegedly offering wrong opinions which made the Federal Government to detain Dasuki for four years and Sowore for over four months in violation of bail granted them by different courts over the periods.
But Malami said on Monday that Falana’s statement “is replete with misinformation and evinces lack of proper understanding of the law and issues implicated.”
He also justified his Christmas Eve claim that the ‘RevolutionNow’ protest convener and Dasuki were released on compassionate grounds.
He said, “First, it is beyond doubt that the Federal Government of Nigeria or any prosecuting authority has been vested with constitutional right of appeal in criminal prosecutions.
“These rights extend to rulings on bail and right to seek to vary terms of bail, among others.
“Thus, in any circumstance where this right is waived by the prosecution, it can only be for valid reasons, including compassion, after all connected issues have been duly considered.”
He accused Falana of concocting a non-existing constitutional provision to demand an apology for Sowore and Dasuki in order to condemn a “valid governmental action” taken in public interest.
He said, “It is further appalling to note that in a bid to garner media hype in condemnation of a valid governmental action taken in good faith and in the interest of the general public, Mr Falana, SAN, resorted to quoting non-existing sections of the constitution by stating that, ‘Mr Malami (SAN), should have apologised to Col. Dasuki (retd.) and Mr Sowore in accordance with Section 32(6) of the 1999 Constitution…’
“It is unfortunate that a senior member of the bar could resort to concoctions and fabrications of non-existing provisions just to score cheap media publicity.”
Malami also accused Falana of attempting “to confuse the facts and misinform the general public.”
He said, “It is important to highlight that the statement issued by the Office of the Attorney General of the Federation and Minister of Justice, which Mr Falana was allegedly responding to, did not howsoever state that the duo of Dasuki and Sowore were released further to the constitutional provisions on Prerogative of Mercy.
“A lawyer of Mr Falana’s status should thus desist from stretching arguments beyond reasonable limits in order to score cheap political points. It is a common knowledge that Prerogative of Mercy and compassion simpliciter are two different concepts.”
He assured Nigerians that the Federal Government of Nigeria led by the President, Major General Muhammadu Buhari(retd.), “is committed to preserving the unity of the nation in accordance with the rule of law and respect for the constitution.
“Citizens should thus be wary of the antics of persons bent on confusing the general public through mischief.”
Sowore And Dasuki Were Released Out Of Compassion - AGF Malami Insists
December 31, 2019
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