- Refuses 90 days request by DSS
By Vivian Okejeme, Abuja
Justice Taiwo Taiwo of the Federal High Court, Abuja, has okayed 45 days detention for the convener of #RevolutionNow, Omoyele Sowore by the Department of State Service(DSS)
The vacation judge said that the 45 days detention order is to enable the DSS investigate the alleged treason leveled against the convener.
The DSS had through its counsel G. O Abadua approached the court with an ex-parte application marked FHC/ABJ/CS/ 915/19, praying the court to detain Sowore beyond the 48 hours of his arrest required by law.
Specifically, the prosecution agency had on the strength of Section 27(1) of the Terrorism (Prevention) Amendment Act, applied for permission to keep Sowore for 90 days to investigate him over his call for revolution ahead of the RevolutionNow protests which held in some parts of the country on Monday.
However, in his ruling, the Judge, ordered Sowore be detained for 45 days, noting that it put into the consideration the constitutional right of the respondent to personal liberty and freedom.
He held that after going through the exhibits filed by the applicants, the affidavits and the written address, he was persuaded that the applicant has legitimate obligation of investigating the respondent.
The court however noted that , the security of a nation overrides individual’s personal liberty and freedom.
“I have gone through processes and the written address. I noted the provisions of S 35(1),(3) and (7) of the 1999 Constitution (as amended).
“The court has to look at the fact of the case, though, it is one sided now because the respondent is not here to defend himself.
“However, this type of application is backed up by the law and the rules of the court. It is not strange in law. I have watched the two exhibits, which are digital videos.
“The applicant raised two facts which are allegation of crime and an ongoing investigation.
“No doubt that the respondent is entitled to personal liberty. The nature of the crime is terrorism. The facts presented by the applicant must be proved at the appropriate time.
“The only legitimate power the applicant has is to investigate the allegation which had to be proved beyond reasonable doubt.
“I have looked at the fact, I shall fail in my duty if I refused to grant an order.
“In the circumstance, the application is granted to the extent that the applicant will detain the respondent for 45 days in the first instance.
“After that, the applicant should report back to the court how far it has gone with the investigation. If investigation is not concluded, the order can be renewed.
“The matter is hereby adjourned till September 21”.
Sowore, is the publisher of Sahara Reporters and presidential candidate of the African Action Congress in the February 2019 elections.
He was arrested in the early hours of Saturday by operatives of the Department of State Services in a hotel in Lagos.
The state agency had alleged that Sowore was arrested on account of the #RevolutionNow protest which he had spearheaded.
He was however moved to Abuja on Sunday morning and is currently being detained in the custody of the DSS.
