The Federal High Court in Lagos
on Tuesday ordered the immediate release of the convener of #RevolutionNow protest,
Mr. Omoyele Sowore, from the custody of the Department of State Service, DSS.
Justice Taiwo Taiwo said the
activist should be released to his lawyer, Mr. Femi Falana (SAN), who is to
produce him for arraignment whenever he is required.
According to Taiwo, 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), stated 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.
Falana appealed to 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.”
Agbadua
had earlier 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.
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