Justice Taiwo Taiwo of the Federal High Court in Abuja on
Tuesday ordered the release the convener of #RevolutionNow protest,
Mr. Omoyele Sowore, from the custody of the Department of State
Service immediately.
The judge said the activist should be released to his lawyer,
Mr. Femi Falana (SAN), who is to produce him for arraignment
whenever he is required.
The judge, however, said since charges had already been filed
against the activist, he must deposit his passport and other travel
documents to guarantee his availability for trial.
The judge had earlier stood down the case after hearing
arguments from legal teams of Sowore and the DSS.
Leading Sowore’s team, Mr. Femi Falana (SAN), noted that the
order issued by the court on August 8, 2019 permitting the DSS to
hold the activist for 45 days, had expired on September 21.
He urged the court to issue a consequential order releasing the
publisher of SaharaReporters from custody.
But responding, DSS’ lawyer, G.O Agbadua, said that since the
charges had been filed against the activist on September 20, it was
lawful to continue to keep until arraignment.
But Falana said, “Filing of charges cannot metamorphose into a
detention order.
“A citizen cannot detain a citizen in anticipation of
arraignment.”
Earlier, Agbadua withdrew the DSS’ application asking for the
extension of the period of the detention of Sowore for further 20
days.
Agbadua’s request for the withdrawal of the said application was
based on the fact that charges had been filed against the
activist.
Falana also withdrew Sowore’s application for bail on the
grounds that the application had become academic since the order of
detention had expired.
On the grounds of the expiration of the detention order and the
withdrawal of the DSS’ request for further detention of Sowore,
Falana urged the court to order his client’s release.
The judge in his ruling agreed with Falana by ordering the
immediate release of Sowore from custody.
Developing story
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