TheCable

The Socio-Economic Rights and Accountability Project (SERAP) has asked John Tsoho, acting chief judge of the federal high court in Abuja, to ensure speedy hearing of the application filed by Omoyele Sowore, convener of #RevolutionNow movement.

Sowore has been in detention since August 3. He was arrested by the Department of State Services (DSS) on the eve of a nationwide protest organised by the movement.

After his arrest, DSS charged him with terrorism and subsequently secured a court order to detain him for 45 days.

Sowore, however, through Femi Falana, his counsel, filed an application challenging the detention order.

But at its sitting on Wednesday, Evelyn Maha, a judge, said hearing the application would mean reviewing the court order directing DSS to detain Sowore.

Maha said the motion could not be granted as the matter was already before another judge who granted the initial ex-parte order.

In an open letter by Kolawole Oluwadare, its director, SERAP urged Tsoho to “ensure expeditious hearing of Omoyele Sowore’s application not least because of his constitutional right of access to justice, liberty, fair trial and status as a prisoner of conscience.”

It asked Tsoho to “show that under your leadership of the Federal High Court, no one, not even those accused of alleged serious offence, will be denied the right to simple justice and expeditious hearing.”

“We are concerned that while Sowore was arrested on August 2, 2019 by the SSS, his application before the court has yet to be heard. The Federal High Court should not be seen as forgetting justice and disregarding the wholesome restraints of the 1999 Nigerian Constitution (as amended),” the letter read.

“Justice is based on respect for the human rights of every individual. Continuing delay in the hearing Sowore’s application raises issues as to his right to an effective defence and to a fair trial before an independent, impartial judiciary – something which is recognized as a fundamental right under the Nigerian Constitution and International Covenant on Civil and Political Rights to which Nigeria is a state party.”

“Access to justice is one of the fundamental principles of the Nigerian Constitution, guaranteeing to every Nigerian the right to obtain justice freely, promptly and without delay.”

“The right to a fair trial is a human right. Whatever the crime, if people are not allowed to present their case before the court, justice is not served for the accused, the victim of the crime or the public.”