Social Commentator and Human Right lawyer, Abdul Mahmud has condemned the alleged plan by the President Muhammadu Buhari led Federal Government of Nigeria to report Justice Taiwo Taiwo to the National Judiciary Council (NJC) for granting incarcerated SaharaReporters Publisher, Omoyele Sowore bail.
Justice Taiwo Taiwo of the Federal High Court in Abuja had on Tuesday admitted Sowore to bail on and dismissed the objection raised by the Department of State Security (DSS) to the bail.
The Nation Newspaper on Saturday reported that there were indications last night that the federal government was contemplating reporting Justice Taiwo Taiwo, to the National Judicial Council (NJC) on account of his decision to grant bail to the convener of #RevolutionNow protest, Omoyele Sowore.
A top government source, according to The Nation said that anyone standing trial for treasonable felony is not entitled to bail.
He said: ”Sowore’s bail is likely to bring trouble for that judge. A report has been prepared to report him to NJC in view of the fact that, as far as this country, it is known that a person charged treasonable felony has no bail option.
“So, the security and intelligence community in the country is shocked by the judgement.
“And there is a consensus that the judgement should not only be appealed, but that the NJC should be petitioned about the conduct and abuse of power by the judge.”
But Mahmud in a series of tweets on his official twitter handle said, said there was nothing in law holding the publisher after the order detaining him expired on 21 September.
He said, “Folks, the government says it’ll report Justice Taiwo Taiwo to the NJC, same judge who granted the FGN order to detain Sowore on 8 August for 45 days. What’s Justice Taiwo Taiwo’ s offence?”
“What’s Justice Taiwo Taiwo’s offence? None. This is the simple reason. The order detaining Sowore expired on 21 September. When Sowore’s case came on Tuesday 24 September, there was nothing in law holding Sowore.”
“On 24 September when Sowore’s case came up, the FGN withdrew its motion praying for 20 days to detain Sowore. When it withdrew its application, the door was open for us to request that Sowore be released until there’s a formal arraignment.”
“FGN claims there’s a charge already filed against Sowore. Nonsense. Charge isn’t a detention order. Charge as I tweet hasn’t been assigned to any judge.”
“Government had opportunity to approach the court before the expiration of the 45 days detention order. And it failed.”