The Federal Government of Nigeria has decided to withdraw the treasonable felony charges against Omoyele Sowore, a pro-democracy activist, and his co-defendant, Olawale Adebayo Bakare (also known as Mandate). This decision came to light following the filing of a notice of discontinuance at the Federal High Court in Abuja, where the case against Sowore and Bakare had been ongoing under charge number FHC/ABJ/CR/235/2019.
The notice, dated February 15, 2023, was authorized by the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN. It stated, “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 Fagbemi, SAN, the Honourable Attorney General of the Federation and Minister of Justice tend to discontinue Charge No: FHC/ABJ/CR/235/2019.”
This development follows a session where Justice Emeka Nwite of the Federal High Court in Abuja expressed frustration over the protracted nature of the case, which has lasted more than four years. The judge also highlighted the Federal Government’s prosecution team’s lack of clarity in their court arguments, both on the day and in previous hearings.
The case had been stalled due to the prosecution’s request for an adjournment, attributed to a change in the legal team after the initial lawyer was transferred from the Ministry of Justice. Despite the defense counsel, Marshal Abubakar’s objections to the prosecution’s request for more time, describing it as a delay tactic, the court had been considering striking out the case.
Sowore, the convener of the #RevolutionNow protest and publisher of Sahara Reporters, along with Bakare, faced a seven-count criminal charge in 2019, encompassing treasonable felony and money laundering. The charges were based on allegations of conspiring to stage a revolution campaign aimed at overthrowing the government.
Sowore’s arrest by operatives of the Department of State Services (DSS) on August 3, 2019, just days before the planned protest, marked the beginning of a lengthy legal battle. Despite being arraigned and subsequently released after sustained public pressure, Sowore has continued to assert his innocence, claiming no crime was committed.
In light of the government’s decision to discontinue the case, Sowore has announced plans to sue the Federal Government and the DSS for ₦1 billion. This lawsuit aims to cover the costs, trauma, and losses he and his family have endured, including the tragic assassination of his younger brother, Olajide Sowore, in 2021. Speaking to ‘The Nigerian Lawyer’, Sowore stated, “I’m not supposed to be congratulated because the Federal Government has now decided to discontinue the treasonable felony case against me. I didn’t commit any crime, they only decided to waste my time and the resources of the country.”
