The embattled convener of RevolutionNow protest, Omoyele Sowore, has filed an application to the Federal High Court in Abuja requesting it to set aside its order permitting the Department of State Services (DSS) to detain him for 45 days.
Sowore, thevpresidential candidate of the African Action Alliance (AAC) in the February 2019 presidential election, who, on Friday, approached the court through his lawyer, Mr. Femi Falana (SAN), in a 19-ground application said the order issued by the court granting the DSS to detain him for 45 days, breached his constitutionally guaranteed fundamental rights.
He contended that in the said order, the court had legalised the illegality of his detention for about four days prior to the issuance of the court order on Thursday.
Sowore, also submitted alongside his application, an affidavit of urgency to seek an urgent hearing of his suit.
He said the affidavit is premised on the grounds that it “is one of fundamental importance that affects salient fundamental rights of the applicant herein.”
The Federal High Court in Abuja, had, on Thursday, granted the Department of States Service (DSS) permission to detain Sowore, the
for 45 days.
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Ruling on an ex parte application by the DSS, Justice Taiwo Taiwo, held that the detention order is renewable after the expiration of first 45 days on September 21.
Sowore was arrested in the early hours of Saturday, August 4 by the operatives of the DSS in a hotel in Lagos, after which he was moved to Abuja same day.
The state agency said Sowore was arrested on account of the #RevolutionNow protest which he had spearheaded.
Following his arrest, the DSS filed a suit praying the court to allow it detain Sowore for 90 days to investigate him over his call for revolution protest, which the police had termed a treasonable felony offence.
The DSS premised its application for Sowore’s detention on the provision of section 27(1) of the Terrorism (Prevention) Amendment Act, and ruling on ex parte application, without counter-argument by Sowore’s legal team, Justice Taiwo, said he had to grant the application.
He, however, said his granting of the application is “only to the extent” of allowing the security agency to keep the respondent in custody for only 45 days for the applicant to conclude its investigation.
According to the judge, the hearing of the application was one-sided as provided by 27(1) of the Terrorism (Prevention) Amendment Act, he however, said, the use of the word, “may,” in the provision “is directory” and not “discretionary,” as a result, he said he would be failing in his duty not to grant the request for a detention order.
Justice Taiwo, however, said if the applicant require more time to conclude its investigation after the expiration of the first 45 days, it had the liberty to apply for its renewal.
According to the vacation judge, Justice Taiwo, the order takes effect from Thursday, August 8.
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