A Warri based public affairs commentator, Ishmael Rufus, JP, has cautioned the judiciary not to sacrifice national interest on the altar of freedom of expression.
Rufus insisted that the judiciary must accord due priority to national security interest in considering bail for capital offence suspects.
He was reacting against the recent bail granted to the Sahara Reporters publisher and presidential candidate of the African Action Congress (AAC) in the 2019 election, Omoyele Sowore, by a Federal High Court Abuja.
“The judiciary should not play to the gallery of media hype and other populist posturing in considering cases involving national security issues”.
Rufus stated this in a press briefing, held in Abuja, Sunday. “National interest should not be trivialized” he said.
The issue of Sowore, according to the public affairs commentator, “Should raise genuine concerns whether the gravity of the offences for which he has been charged justified his release on bail”.
Sowore is being charged by the Federal Government with a capital offence, conspiracy to commit treason.
“Unfettered expression of ideas may cause serious harm, hatred or contempt or excite public disaffection or incite or instigate violence or threats within or against the State”.
“Any government that delays action against the mismanagement of public space in an attempt to allow freedom of expression does so at its own peril” Rufus submitted.
“That is why it is provided in S.39(3) and S.45(1) of the Constitution that the provisions of S.39 would not invalidate any law that is reasonably justifiable in a democratic society.
“Nothing in sections 37, 38, 39, 40 and 41 of the Constitution shall invalidate any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom or other persons. ”It is instructive that the Abuja court held that since the charges of terrorism had already been filed against Sowore, he must deposit his international passport and other travel documents to the court to guarantee his availability for trial, an indication of the risks to national security and evasion of justice.
“Yet it went ahead to hand him over to his lawyer” he stated.Rufus recalled what happened in the cases of leader of Indigenous Peoples of Biafra (IPOB) Nnamdi Kanu, and leader of Shiites, Ibrahim El Zakzaky, when they were granted bail and leave respectively.
“This recalls the Nnamdi Kanu bail episode and the granting of medical leave to IMN leader, Ibrahim El Zakzaky when courts caved in to undue pressure to grant supposedly justified bail only to end up in fiascos”.
“Although the Constitution in Section 39 provides for the freedom of expression, such freedom is not absolute and it comes with its own limitations” he posited.
He further argued, “Whether the actions of Sowore fall within such limitations will be decided by the court in due course”. “However, if freedom of expression is left unfettered, it is certain to be abused” he argued.
