‘Treason’: Court Approves AGF’s Request, Strikes Out Buhari’s Case Against Sowore, Bakare

The Federal High Court sitting in Abuja has struck out the treasonable felony charges instituted against the ‘RevolutionNow’ convener and publisher of Sahara Reporters, Omoleye Sowore and Olawale Bakare.

THE WHISTLER reports that the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, had recently discontinued the treasonable felony charges instituted against Sowore and Bakare.

THE WHISTLER earlier reported that the Federal Government arraigned and prosecuted Sowore and Bakare on an amended charge of treasonable felony in a suit marked FHC/ABJ/CR/235/2019.

The duo was alleged to have incited revolution against the government of former president Muhammadu Buhari.

But they pleaded not guilty.

The case dragged on with Sowore’s movements restricted to A uja for some years.

But in a notice of discontinuation to the FHC, seen by our correspondent, AGF Fagbemi discontinued the case under his powers to review or withdraw a case by any of the executive arm of government.

“By virtue of the power conferred on me under Section 174 (1) (c) of the Constitution of the Federal Republic of Nigeria 1999 as
amended, Section 107 (1) of the Administration of Criminal Justice Act 2015 and all other powers enabling me in that behalf,I Lateef
Olasunkanmi Fagbemi, SAN intend to discontinue Charge No: FHC/ABJ/CR/235/2019,” the notice, dated, February 15, 20224,” reads.

At the resumed hearing on Monday, A.R. Tahir, Assistant Chief State Counsel, Federal Ministry of Justice, urged Justice Emeka Nwite to approve the notice of discontinuance dated February 14.

She said as it stands, hearing in the matter is yet to commence, urging the court to strike out the charge.

Counsel for the defendants, Femi Falana, confirmed receiving the notice of discontinuance.

Falana added that contrary to the FMOJ lawyer, the matter was partly heard and as such, the case should be dismissed.

“We have taken the first prosecution witness before Justice Ijeoma Ojukwu.”

“To that extent, the matter ought to be dismissed. I wish to appreciate the position of the Attorney General and Minister of Justice, Lateef Fagbemi for taking a hint from this honourable court that this matter would be dismissed even if the heavens will fall,” Falana said.

He expressed his gratitude to the court for dismissing the matter for want of diligent prosecution.

“In view of the withdrawal, we urge the court to order the State Security Services (SSS) to return the telephones of Sowore and Bakare, the sum of N10,000 seized from him, while his International passport as well as the title deed submitted for his bail in the court registry be returned,” Falana added.

Ruling on Monday, Nwite held that the proper order to be made is to strike out the case.

The judge struck out the charges and discharged the defendants, adding that all that was seized from the defendants be returned.

THE WHISTLER reports that when a case is struck out, it can be refiled but when it is dismissed, it cannot be reinstituted before the court.