The decision to conceal the charges against Omoyele Sowore and Olawale Bakare was announced at the Federal High Court in Abuja by the Minister of Justice and Attorney General of the Federation, Lateef Fagbemi. This announcement, made through a withdrawal notice dated February 14 and filed the next day, took public opinion by surprise and provoked various reactions.
According to the withdrawal notice, the Minister of Justice invoked the powers vested in him by the Constitution of the Federal Republic of Nigeria and the Administration of Criminal Justice Act in making this decision. He said: “By virtue of the powers vested in me by 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 vested in me in this regard, I, Lateef Olasunkanmi Fagbemi, Advocate General of the Federation, intend to drop Charge No. FHC/ABJ/CR/ 235/2019.”
Omoyele Sowore and Olawale Bakare had been arraigned before the Federal High Court in Abuja in 2019 after Sowore led a protest titled “Revolution Now” in Abuja. The court had previously threatened to dismiss the treason charges if the Nigerian government was not prepared to pursue the case five years later.
This threat was made on Wednesday, February 14, 2024, during the resumed hearing of the case, which was due to go to trial but was delayed because the first accused was unable to plead his case. This situation was due to the introduction of a new prosecuting attorney, who requested an adjournment to familiarize himself with the case after the previous attorney was transferred out of the Department of Justice.
This surprise decision to withdraw charges against Sowore and Bakare sparked widespread public reaction. Some hailed the move as a step toward justice and freedom of expression, while others criticized it as an attack on the rule of law. Whatever their opinion, this case has undoubtedly sparked a lively debate on the role of freedom of expression in Nigerian society and the limits of political repression.
It remains to be seen what the long-term impact of this decision will be on freedom of expression and civil rights in Nigeria. The concealment of the charges against Sowore and Bakare can be seen as a positive signal, showing that the government is willing to listen to dissenting voices and promote a democratic environment. However, it is also important to remain vigilant and continue to defend fundamental rights to ensure that such abuses of power do not occur in the future.