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LIVE: N150 Million Bail: @YeleSowore Approaches Court Today For Variation Of Bail Conditions | Sahara Reporters
Sowore, who was arraigned on a four-count charge ranging from insulting President @MBuhari to money laundering, was...
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@YeleSowore @MBuhari Sowore, who was arraigned on a four-count charge ranging from insulting President Muhammadu Buhari to money laundering, was given bail condition of paying N150 million and had his movement restricted to Abuja.

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Mr Femi Falana (SAN), who is representing Sowore, had described the conditions attached to his bail as “stringent”.

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Sowore, Bakare's bail variation application has been mentioned by the clerk and proceedings have commenced
Prosecution counsel, Hassan Liman, mentioning appearances

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Femi Falana is representing Sowore, Bakare
Femi Falana told Justice Ojukwu the application for variation of bail conditions was filed on the 10th of October and the DSS has filed a counter reply

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The defence said the motion of notice is praying the honourable court for the variation of conditions of bail already granted to Sowore and Bakare

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In support of the application is an affidavit of 24 paragraphs deposed to by Akin Sowore, brother of Sowore. It contained a written address.

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Falana said the application before the court is praying the court to vary the conditions of the bail granted the applicant.
One of the conditions which states that the applicant should deposit N50 million.
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Falana referred to the case of Dasuki where Justice Ojukwu imposed a similar condition and was quashed by the court of appeal, which said it was not fair.
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Falana cited AU vs State which asked the government to deposit money on the presumption of innocence which is unjustifiable

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Falana said the DSS gave the impression that Justice Taiwo Taiwo did not grant Sowore bail, misleading the court.

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He added that the order of Justice Taiwo has not been set aside, arguing that the DSS disobeyed the order of the court without explanation.

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Speaking further, Falana pointed out that Sowore has no place of abode in Nigeria because he lives in the USA and stays in Lagos whenever he is in the country.

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He said the only opposition the complainant can raise is that the applicant has a house in Abuja but the DSS cannot provide that proof.

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Falana also argued that if the DSS believe Sowore will cause a breach of the peace, the constitution has provided protection to forestall such events.

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According to the defence lawyer, bail conditions must not infringe on the rights of a persons.

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"This honourable court granted bail 17 days ago and all efforts to meet the bail condition has failed because of the stringency of the conditions," said Falana.

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Falana presented a reply to the DSS counter to Justice Ojukwu
Citing Ibori Vs FRN
That anybody on bail must be entitled to his passport.

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Falana said granting the applicant bail and confiscating his passport is like granting bail and taking it with another hand according to the court of appeal.

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The affidavit showed that Sowore teaches at the school of visual arts attached to @Columbia University and he is also a journalist of international repute who needs to work and make a living while the case proceeds.

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Falana cited Jones Abiri Vs DSS in which case the judge reviewed the bail conditions for an applicant facing a capital offence

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Falana asked the judge to be guided by the review of Jones Abiri' s bail condition after he applied for variation. He said Abiri is facing trial for a capital offence yet his conditions were varied and he has fulfilled them

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Falana said Nnamdi Kanu whom the DSS cited was granted bail and was coming to court until the government invaded his house and he fled for his life
He insisted Kanu did not jump bail.

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He asked the court to dismiss the counter affidavit filed by the Department of State Services. He said Sowore has children and should be granted bail on lenient terms

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He prayed the judge to vary the bail conditions as requested by law. He said the claim by the DSS that Akin Sowore did not visit Sowore is false and that the DSS has no proof.

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He presents an affidavit deposed to by Marshal Abubakar confirming that Akin visited Sowore.
Falana said Abubakar Marshal, a lawyer in his chamber, visited Omoyele Sowore with Akin Sowore in the DSS custody.

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"Let my people go," Falana pleaded with Justice Ojukwu
He adopted the submission and written addresses in respect of Sowore

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The case was interrupted as a result of the previous case that was stood down.
Sowore's case will proceed as soon as the other case is adjourned

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@YeleSowore and Bakare are not in court.

@NigeriaGov
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@YeleSowore @NigeriaGov Proceedings have resumed on Sowore's case.

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@YeleSowore @NigeriaGov The prosecution said it filed a 22-paragraph counter affidavit in opposition to the bail variation filed by the defence.
It is accompanied by a written address which will be relied upon for arguments.

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Liman pointed out that the application has no valid affidavit in support of it.

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The prosecution affirmed that the affidavit filed by Sowore was invalid.
Liman insisted that the deponent, Akin Sowore, was never at the facility of the DSS.

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He referred to paragraphs 10 and 11 of the DSS' counter affidavit.

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He urged the judge to hold that Akin Sowore did not write the information in the affidavit for the first defendant.

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Liman stated that exhibit one attached to the bail variation is not clear evidence that Sowore is a teacher in any university in the United States of America.
He said the document has no signature, therefore worthless.

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He said the authorities cited by Falana were inapplicable because Ibori was charged with money laundering while Sowore is charged for a treasonable felony.

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Liman argued that in the case of Ibori, he was granted bail and fufiled the condition. It was when he sought to take his passport for treatment abroad that he approached the court of appeal.

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Continuing, he said the rights of a nation precedes that of individuals in matters of national security.
But Falana said Sowore only called for a revolution against bad governance.

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However, Liman said Sowore's shout of revolution in court was an indication he wanted to bring down the nation's government.

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Finally, on the issue that he was granted bail by Justice Taiwo Taiwo he said the case at that time was if Sowore could continue to stay in detention and the 45 days had expired.

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He thus asked the court not to grant the variation asked by Sowore and that the court should dismiss the application.

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Falana responded that Marshal Abubakar filed a counter affidavit which overtook the prosecution's arguments and justice should not be perverted on technicalities.

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He said Sowore is indeed a teacher in the US and also wants to visit his family.

Falana asked the prosecution to apologise for misleading the court.

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Liman objected.

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Falana submitted that Liman could not justify the disobedience of court order under any disguse. He noted that nothing in the counter affidavit talked about national security.

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He said section 45 of the constitution deals with national security, public order and defence. Even then, the court decides what is national security.

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Falana reiterated that Buhari talked about revolution and nobody challenged him

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He adopted his reply brief for the second respondent.

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Justice Ojukwu is writing her ruling. Silence reigns in the courtroom.

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Justice Ojukwu reading her ruling

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Justice Ojukwu said Sowore's bail can only be reduced to N50 million while Bakare's should be reduced to N20 million.

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Justice Ojukwu said she found it difficult to believe a man of Sowore's pedigree does not have anyone to deposit N50 million.

The case was adjourned until November 6 and 7

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