JUST IN: Court Strikes Out DSS Application To Further Detain Sowore

The federal high court has struck out the application by the
Department of State Services seeking to further detain the convener
of #RevolutionNow protest, Omoyele Sowore.

This follows the withdrawal of the application by the state
counsel.

Mr. Sowore’s lawyer, Femi Falana, is right now persuading the
court to order immediate release of his client as the prosecution
is no longer interested to detain him further.

Counsel to the DSS is, however, challenging the oral application
for release saying that a formal suits have been filed where Mr.
Sowore is being accused of treasonable felony which is a capital
offence

Mr. Sowore, the publisher of online news platform, Sahara
Reporters, was arrested on August 3rd, two days before a rally
tagged RevolutionNnow for allegedly plotting to overthrow an
elected government.

The prosecutor is asking the Court to deny the respondent bail
due to the fresh charges filed against him.

In response counsel to Sowore said the application for bail was
withdrawn and the prosecutor’s application for further remand was
also withdrawn. He stressed that the new charges can’t metamorphose
In a remand order.

Mr. Falana urged the court to disregard the submission on the
prosecutor. Mr Falana said the prosecutor can not asked the court
to detain a citizen prospectively and in anticipation of the
arraignment of the defendant order his detention.

Mr. Falana is arguing that Sowore is not facing a capital
offence and cannot be detained based on that. He noted that Sowore
was charged with insulting the president, money laundering and
conspiracy to commit treason, all of which are not capital
offences.

Falana completed his argument for Sowore’s release by noting
that the DSS lacks the competence to ask for the detention of his
client based on national security and/or facts that are not before
the court.

The judge 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 him until arraignment.

But Falana said, “Filing of charges cannot metamorphose into a
detention order.

“A citizen cannot detain a citizen in anticipation of
arraignment.”

Developing story

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