President Muhammadu Buhari has ordered the State Security Service (SSS) to release the Publisher of Sahara Reporters, Omoyele Sowore, and ex-National Security Adviser, Sambo Dasuki.
Both men are being held in defiance of separate court orders.
The Attorney-General of the Federation, Abubakar Malami, said, on Tuesday, his office had issued the order to the SSS to release both men.
“The office of the honourable Attorney General of the Federation has reviewed the pending criminal charges against the duo of Col. Sambo Dasuki (rtd.) and Omoyele Sowore,” Mr Malami said in a statement from his office Tuesday afternoon.
Mr Dasuki has been in the custody of the SSS for four years over allegations he diverted funds for arms to prosecute the war against the Boko Haram in the country’s Northeast under President Goodluck Jonathan.
While he was able to secure bail, the SSS continues to hold him, with state officials variously citing national security as justification for violating court orders.
Mr Sowore was arrested early August by the SSS in Lagos just ahead of the #RevolutionNow protests which he inspired months after losing the 2019 presidential election.
In his case, the SSS also disobeyed the court after the fiery activist was granted bail. He was, though, released after over 120 days in detention on December 4. Yet barely 24 hours after his release, the SSS operatives invaded the court to forcefully effect his arrest again, bringing Nigeria to international disrepute.
Nigerian newspaper took turns to condemn the invasion and warned that the administration of President Muhammadu Buhari is increasingly becoming lawless and dangerous to liberty.
Mr Sowore has since been in the custody of the SSS without any fresh charge.
Mr Malami had in the wake of the criticisms that followed the SSS’ court invasion to arrest Mr Sowore asked the security service to transfer the publisher’s case file to his office.
In his statement on Tuesday, he said, “Whilst the Federal High Court has exercised its discretion in granting bail to the Defendants in respect of the charges against them, I am also not unmindful of the right of the Complainant/Prosecution to appeal or further challenge the grant of bail by the court having regards to extant legal provisions, particularly Section 169 of the Administration of Criminal Justice Act, 2015.
“However, my office has chosen to comply with the court orders while considering the pursuit of its rights of appeal and/or review of the order relating to the bail as granted or varied by the courts.
“In line with the provisions of Sections 150(1) of the 1999 Constitution (as amended), and in compliance with the bail granted to Col. Sambo Dasuki (Rtd) (as recently varied by the Court of Appeal) and the bail granted to Omoyele Sowore, I have directed the State Security Services to comply with the order granting bail to the Defendants and effect their release.
“The two defendants are enjoined to observe the terms of their bail and refrain from engaging in any act that is inimical to public peace and national security as well as their ongoing trial which will run its course in accordance with the laws of the land.
“I wish to reiterate again the utmost regard of my office for the entire judicial structure of Nigeria.
“This administration remains unrelenting in deepening the rule of law and the administration of justice in general.”