It’s 45 days, you can’t continue to detain Sowore, lawyers tell DSS

The legal team of the African Action Congress (AAC), Lagos
chapter, has called on the Department of State Services (DSS) to
release Omoyele Sowore.

Sowore, presidential candidate of the AAC during the 2019
general election, was arrested and has been in DSS detention since
August.

Although it requested for 90 days, the federal high court in
Abuja approved that the DSS could hold Sowore for 45 days after he
was accused of threatening public peace with his planned
#RevolutionNow protest.

In a statement on Saturday, Tope Akinyode, head of the legal
team, said 45 days had already been completed and the DSS should
immediately release Sowore.

“We are not aware that Sowore was remanded to prison by any
Court order on 20th September, 2019. In criminal matters, pending
when bail application is made on behalf of a Defendant, he may be
temporarily remanded by Court,” the statement read.

“The Defendant (Sowore) was not remanded by Court order
yesterday. However, the 45-day Court order upon which the DSS has
continuously held on to him Sowore expires today, 21st September
2019.

“Based on the foregoing, we hereby call on the DSS to release
Omoyele Sowore from their facilities with immediate effect. We
submit that the DSS lacks the judicial, statutory or constitutional
jurisdiction to further withhold Sowore any moment from today and
it would amount to a rape on the Nigerian Constitution if the DSS
refuses to release Sowore today.”

The lawyers added that the ex-parte order upon which the DSS is
granted permission to withhold Sowore for 45 days negates the
fundamental principle of fair hearing and the order has since been
challenged before the court.

In a seven-count charge, the federal government had, on Friday,
accused Sowore of causing insult on President Muhammadu Buhari.

He was also accused of money laundering and cyberstalking the
president.

Human rights groups and activists have continued to call for the
immediate release of Sowore.