Why Sowore Was Not Released Yesterday By DSS – TheNigerialawyer

A human rights activist and Senior Advocate of Nigeria (SAN),
Mr. Femi Falana has said that the Convener of #RevolutionNow
protest, Omoyele Sowore, was not released yesterday by the
Department of State Services (DSS) because his international
passport, which the court asked him to desposit, was in Lagos.

Justice Taiwo Taiwo of the Federal High Court Abuja yesterday
ordered the immediate release of Sowore who has been in custody of
the DSS, since August 3, 2019.

Justice Taiwo said the release was contingent on the grounds
that the order of detention made on August 8, has elapsed.

The court ordered that Sowore would not be kept longer than the
45 days granted by it without a fresh application for his further
detention.

The 45 days elapsed on September 21.

When the matter came up Monday, the court held that following
the expiration of the detention order for 45 days and the absence
of any application for Sowore’s further detention, the court is
inclined to order for his release.

The prosecution had initially applied for the extension of the
order for another 20 days.

However, the prosecution counsel, Godwin Agbadua announced
withdrawal of the application of the motion, adding that the
defendant had already been charged with treasonable felony, money
laundering as well as insulting the president.

He submitted that filing of a criminal charge that carries
punishment of death is enough grounds for the court to allow for
the detention of Sowore.

“The moment information is filed such a person cannot be said to
be held illegally”, he said.

However, Sowore’s lawyer, Falana, reacting said, filing of an
information cannot metamorphous into a remand order.

Falana also submitted that treasonable felony, one of the
charges against Sowore was not a capital offence.

“He cannot ask the court to detain a citizen prospectively or in
anticipation of arraignment of a defendant under his custody,”
Falana said.

He subsequently urged the court to make a consequential order
for the release of Sowore since the earlier order expired on
September 21.

Justice Taiwo in a short ruling held that there is no
application before him for extension of the detention order and
that there is evidence that the prosecution has concluded its
investigation of the defendant.

He, accordingly ordered for the immediate release of Sowore.

Justice Taiwo ordered that Sowore be released to his lawyer,
Falana, who must produce him whenever he is needed.

He however ordered that Sowore deposits his international
passport with the court.

But Falana told THSDAY yesterday that Sowore could not produce
the passport because it was in Lagos.

The senior lawyer said the Publisher of Sahara Reporters will
regain his freedom today after producing the document.

One of the human rights lawyers, who was in court yesterday for
Sowore, Mr. Abdul Mahmud, told THISDAY last night that the DSS had
not complied with court’s ruling.

According to him, “in a country where there is rule of law,
Sowore ought to have been released by now, because as I speak to
you, there is no legal order backing the continued detention of
Sowore.”

Sowore was arrested in the early hours of Saturday August 3, in
a hotel in Lagos by men of the DSS on account of the #RevolutionNow
protest which he had spearheaded.

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