Omoyele Sowore, 2019 presidential candidate and convener of the RevolutionNow protest and his co-defendant, Olawole Bakare, have opposed the application by the federal government to conduct their trial in and secret and to mask the prosecution’s witnesses.
In a counter affidavit, Sowore and his co-defendant, Bakare challenged the application and prayed the court for a dismissal.
The Federal Government had filed an application with a five paragraphed affidavit deposed to by Noma Wando, a litigation officer in the Department of Public Prosecution, Federal Ministry of Justice, FG, stating that the witnesses “are afraid of giving evidence, unless they are protected, for fear of being murdered by the defendants, his cohorts or members of the ‘Revolution Now’ protest group across the country”.
Affidavit further stated that the prosecution “who are Officers of the Department of State Service, who investigated this case, are reluctant to come and give evidence for fear of being attacked by the other members of the Revolution Now’ protest group across the country”.
“That it is in the interest of Justice and public safety that the application is granted”, it added. It therefore applied for, “An order of this honourable court excluding persons other than parties and their legal representatives with the exception of the accredited members of the Press at the hearing of the above named charge.
The application then prayed the court for “An order of this honourable court directing that the courts should be vacated whenever the prosecution witnesses are coming to testify in the screen to be masked, and that only the trial Judge, parties and their legal representatives with the exception of the accredited members of the Press will see the witnesses when they are testifying.
“An order of the honourable court directing that the real names and addresses of prosecution witnesses in the proceedings shall not be disclosed”.
Sowore, who deposed to the 26- paragraphed counter-affidavit told the court that the move of the Federal government to mask the witnesses was of no value since all the witnesses are already known to the public and that nothing in the amended two-count charge against him can validly deny the public the right to witness the trial.
Sowore in his counter-affidavit, gave a detailed account of how men and officers of the Department of State Services “harassed and arrested” on August 2, 2019, which was captured by the CCTV Camera in the building.
He also stated that the DSS had in an apparent media trial, on August 21, 2019, alleged that he went to Dubai to receive millions of Dollars from foreign collaborators to destabilize the government of the president, Muhammadu Buhari.
He said;
“When it was revealed that I had never been to Dubai or any of the Arab States in my life, the bogus allegations were dropped.
“That the Complainant/ Applicant had also misled this honourable court into believing that I engage in terrorist activities upon which an ex-parte order for my detention was sought and obtained on August 7, 2019.
“That when it became apparent to this honourable court that the allegations of my engaging in terrorist activities was a mere media propaganda, his Lordship Justice Taiwo Taiwo on the 24th of September, 2019, ordered for my immediate release.
“That the order of this honourable court per his Lordship Justice Taiwo Taiwo mandating the DSS to release me forthwith was never complied with.
“That the Complainant/ Applicant in an apparent bid to frame me up at all cost wrote to the NFIU seeking for any information on any alleged wrong dealings that might be traced to me, but they were informed that I have no record of any unlawful transactions”.
“That on the 6th November 2019, the Deputy Chief Registrar of this honourable court while working in concert with the Complainant/ Applicant herein, procured masking equipment and other secret trial gadgets preparatory to shielding state witnesses without the leave and consent of the trial judge.
“That on December 5, 2019, a team of DSS operatives led by Rasheed Olawole 9PSOI), and comprising officers such as Marshal Dele Adelle, Moses Amadi , Paul Clement, Cyril Odawn, Usman Baffa, amongst others, invaded the hallowed chambers of this honourable court in a Gestapo manner and effected my arrest, culminating in the presiding judge, honourable justice Ijeoma Ojukwu abruptly ending the proceedings for the date.
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“That these officers, who invaded the courtroom on 5th December 2019 did not mask their faces which were well captured on camera during the said invasion where I was brutally assaulted by them”.
“That none of the listed witnesses have ever been threatened, harassed, or molested by either me or any of my supporters at any time whatsoever.
“That I know of a fact that the Complainant/ Applicant has the capacity to protect its witnesses. That there is nothing in the instant charge requiring secret trial or shielding of witnesses”.