In the interview, you also said that both Sowore and Dasuki were released on grounds of mercy and compassion. With profound respect, you have no power to release any detained defendant from custody on compassionate grounds. As you are no doubt aware, only the president and state governors are entitled to exercise the prerogative of mercy or release any convicted person on compassionate grounds by virtue of section 175 of the Constitution of the Federal Republic of Nigeria, 1999.
With respect, the federal government has itself to blame for the needless controversy that has trailed the release of the duo. In the case of Sowore, the State Security Service refused to comply with the order made by Justice Taiwo Taiwo for his release on bail. Even after the order of Justice Ifeoma Ojukwu for the release of Sowore and his co-defendant, Olawale Bakare had been reluctantly obeyed, a gang of armed security operatives stormed the court to rearrest the former.
It is also on record that for about four years of detaining Colonel Dasuki, the federal government did not take steps to set aside or vary or stay the execution of the five orders which had granted him bail. As if the contemptuous act of the SSS was not enough, you repeatedly maintained that the orders could not be obeyed, on grounds of national security.
But having belatedly deemed it fit to review your position and advise the federal government in line with the tenets of the rule of law, you ought to have apologised to both Sowore and Dasuki. That is what is expected of you in accordance with section 32 of the 1999 Constitution. It is not an occasion for grandstanding or arrogant display of power.
Finally, while wishing you a challeging year ahead, please accept the assurance of our highest professional regards.
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