… Calls for strict adherence to due process

The Policy and Legal Advocacy Centre (PLAC) has raised concerns over the remand of activist and former presidential candidate, Omoyele Sowore, warning that judicial decisions affecting personal liberty must be guided by constitutional safeguards, fairness and due process.

 

The organisation’s position comes in the wake of a ruling by the Federal High Court in Abuja revoking Sowore’s bail and ordering his remand at the Kuje Correctional Centre, a development that has generated debate among legal practitioners, civil society organisations and human rights advocates across the country.

 

In a statement issued on Monday, PLAC acknowledged the authority of courts to enforce compliance with judicial orders and ensure the orderly conduct of proceedings. However, it stressed that the exercise of such powers must remain consistent with constitutional provisions designed to protect individual rights and uphold the rule of law.

 

According to the organisation, the Nigerian Constitution guarantees every citizen the right to personal liberty and fair hearing, irrespective of the allegations against them or the nature of the proceedings before the court. It noted that decisions capable of restricting an individual’s freedom should be made only after careful consideration of all relevant facts and in strict compliance with due process.

 

PLAC argued that detention arising from alleged non-compliance with court directives should be treated as an exceptional measure rather than a routine response. It maintained that such decisions must be guided by the principles of necessity, proportionality and fairness, particularly in cases that attract significant public attention.

 

The advocacy group further stated that public confidence in the administration of justice depends largely on the perception that judicial processes are transparent, predictable and firmly rooted in constitutional guarantees. It warned that actions capable of creating doubts about fairness or due process could undermine trust in legal institutions and weaken public faith in the justice system.

 

While deliberately avoiding comments on the substantive issues before the court, PLAC emphasised that its intervention was based on broader concerns about the protection of fundamental rights and adherence to constitutional principles. The organisation maintained that safeguarding personal liberty remains a critical component of democratic governance and the rule of law.

 

The group also reiterated its respect for the independence of the judiciary, noting that courts must be allowed to perform their constitutional functions without interference. At the same time, it pointed out that judicial decisions are subject to review through established appellate processes, which serve as an important mechanism for ensuring accountability and correcting possible errors.

 

As discussions continue over the implications of the court’s decision, PLAC said it would closely monitor developments in the matter while remaining committed to promoting constitutionalism, human rights, good governance and the rule of law in Nigeria.

 

The statement was signed by the Executive Director of PLAC, Clement Nwankwo, who reaffirmed the organisation’s commitment to supporting a justice system that balances judicial authority with the protection of fundamental rights guaranteed under the Constitution.