By Innocent Anaba, Ikechukwu Nnochiri
A Federal High Court sitting in Lagos, has restrained the Commissioner of Police, Lagos State Command, and other security agencies from arresting, intimidating, or declaring activist and presidential candidate of the African Action Congress, AAC, Omoyele Sowore, wanted.
Meanwhile, another Federal High Court sitting in Abuja, yestersday, declined to issue a bench warrant for the arrest of Sowore in the anti-Tinubu post charge brought against him by the Department of State Services, DSS.
Trial judge at the Lagos court, Justice Musa Kakaki granted the order followed an application by Sowore after reports surfaced that the Lagos State Police Command had allegedly declared him wanted in connection with unspecified allegations.
Delivering the ruling, the judge granted an interim injunction restraining the respondents, particularly the Commissioner of Police, from “harassing, intimidating, threatening with arrest, or declaring the applicant wanted pending the determination of the substantive suit.”Speaking shortly after the ruling, Sowore said: “Many people say they don’t trust the judiciary, but the trust in our judiciary is not up to the judges, it is up to citizens who show up to say justice must be done.
“I thank the court for having the courage to take up this matter late in the day and for granting this important order,” Sowore said.
Court declines to order Sowore’s arrest, fixes Dec 2 for trial
Sowore was dragged before the court for calling President Bola Tinubu a “criminal” in a post he shared on social media platforms. He was in the charge by the Director of Public Prosecutions, Federal Ministry of Justice, Mr. M. Abubakar, alleged to have committed offences contrary to and punishable under Section 24 (1) (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024, as well as sections 59 and 375 of the Criminal Code Act.
Also cited as 2nd and 3rd defendants in the charge are the two social media platforms where the post was shared.
- ‘X’ Incorp (former Twitter) and Meta (Facebook) Incorp.
The contentious post Sowore made on August 25, came after President Tinubu, while on an official visit in Brazil, claimed his administration had successfully ended corruption in Nigeria.
Irked by the post that referenced President Tinubu as a “criminal,” the DSS wrote the two social media platforms to demand a ban on Sowore’s account, and for the said vexatious statement to be pulled down.
The security agency equally wrote a letter to the activist, asking him to delete the post from all the platforms its was shared.
The charge came after both Sowore and the social media platforms refused to accede to the request by the DSS.
When the case was called up, yesterday, counsel to the DSS, Mr. Akinlolu Kehinde, SAN, urged the court to order Sowore’s arrest, noting that he was not available for his scheduled arraignment.
The prosecution counsel further noted that there was no legal representation for the defendant, though he acknowledged a letter from his lawyer, Mr. Deji Adeyanju, requesting for an adjournment.
On its part, counsel to the the 3rd defendant, Meta (Facebook) Incorp., Mr. Tayo Oyetibo, SAN, aligned himself with the prosecution’s request for a bench warrant to be issued against Sowore.
After he had listened to all the parties, trial Justice Mohammed Umar turned down the application on the premise that the 2nd defendant, X Corporation, through its lawyer, Christabel Ndiokwelo, complained that it had yet to get a copy of the charge though it was served the hearing notice.
Justice Umar held that the proceeding was not ripe for the issuance of a bench warrant against the 1st defendant.
Consequently, he directed that all the defendants should be duly served with the relevant processes, even as he adjourned the case till December 2, for arraignment.
Source; Vanguard News