Abubakar expressed strong disapproval of the comments made by the Force Public Relations Officer (FPRO), Benjamin Hundeyin, describing the police’s position as “embarrassing” and “legally unsound.”
Barrister Marshal Abubakar, counsel to the detained Omoyele Sowore, has blasted the Nigeria Police Force for attempting to justify the arrest of the human rights activist for leading the #FreeNnamdiKanuNow protest in Abuja.
Abubakar expressed strong disapproval of the comments made by the Force Public Relations Officer (FPRO), Benjamin Hundeyin, describing the police’s position as “embarrassing” and “legally unsound.”
A2zgist reported on Thursday that Sowore, a former presidential candidate, was arrested shortly after leaving the Federal High Court in Abuja.
According to information obtained by A2zgist, the arrest was ordered by the Commissioner of Police in the Federal Capital Territory (FCT).
Sowore, who was scheduled to appear before Justice Emeka Nwite over what he described as a “bogus and farcical” charge of alleged forgery of a police wireless message, filed under the instruction of the “illegal Inspector-General of Police, Kayode Egbetokun”, was informed at the court that the judge would not be sitting.
A source disclosed that a police officer approached Sowore, informing him that he was under arrest on the orders of the FCT Commissioner of Police.
Tope Temokun, one of the lawyers representing Sowore, later disclosed that the police had claimed his client was arrested based on a court order and his involvement in a protest.
Abubakar said, “I listened to Nigeria Police Force FPRO, Benjamin Hundeyin’s justification for the arrest of Omoyele Sowore, and I felt so embarrassed at their behest.
“Please, will someone with a brain tell these guys that the case was not a criminal case?”
The lawyer criticised the police for what he termed a misuse of legal authority, arguing that the arrest was tantamount to “self-help” and a violation of due process.
“Secondly, that arresting a person you sued in a case simply because you felt he violated the orders of the Court is self-help, and that assuming without conceding there was actual violation of the said orders, then it’s basically contempt of court,” Abubakar stated.
He further explained that any alleged breach of a court order should be addressed through the proper judicial channel rather than arbitrary police action.
“In that situation, you don’t suo motu arrest them and charge them to court. You report back to the court that made the said order and commence contempt proceedings against such a violator (s),” he added.
On Monday, Sowore led the #FreeNnamdiKanuNow protest by mobilizing Nigerians nationwide and advocating peaceful demonstrations to demand the release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justifying Sowore’s arrest, the police said that it was necessary to ensure fairness in the case involving the protesters who demanded the release of detained IPOB leader, Nnamdi Kanu.
Addressing journalists at the Force headquarters, the police spokesperson, CSP Benjamin Hundeyin, said Sowore was arrested for allegedly leading protesters into a restricted area during the demonstration, which he claimed breached a court order.
Hundeyin emphasized that it would be unfair to charge some protesters in court while leaving out the person who led them.
“Sowore has been arrested by the Nigeria Police Force. You may ask why he was arrested. The reason is straightforward. The 13 people previously arrested all mentioned that Sowore led them into the restricted area, in clear contravention of the court order,” Hundeyin explained.
He added that his arrest was meant to ensure equal justice.
“If we move from there to charge some people to court and leave the person who led them to commit that act, more like their leader, the elite protester who told them and took them into the restricted area, that would not be fair,” he said.
The police spokesman assured that Sowore would not be detained beyond the legally stipulated period and would be arraigned promptly.
“Like the others, he wouldn’t spend time with us. He wouldn’t spend up to 24 hours with us. Once we wrap up the charges, he’s going to be prosecuted. In fact, if everything goes right, our plan is to ensure that he’s prosecuted today,” Hundeyin added.
