Sowore: Court Order Is To Legalise Illegal Detention

By Ayodele Oluwafemi

The 45 days relief obtained by the Department of State Services, DSS to detain human rights activist and politician, Omoyele Sowore was obtained to legalise an illegal detention, his lawyer, Femi Falana, SAN has submitted.

The motion was filed against the legality of the order issued by Justice Taiwo Taiwo of the Federal High Court, sitting in Abuja.

The order was to detain Sowore who is a leader of the RevolutionNow Movement that is protesting against alleged failure of governance.

Falana argued that the order which the vacation judge granted on the strength of an exparte application that was brought by the DSS, was illegal and unconstitutional,  breaching the fundamental rights provisions of enshrined in the 1999 Constitution, as amended.

According to him, “The detention of the respondent/applicant for an initial 4 days period before the grant of the ex-parte order is illegal by virtue of Section 35 of the 1999 Constitution (as amended).

“The order ex-parte brought pursuant to Section 27 (1) of the Anti-Terrorism Act, 2013 was obtained by the applicant/respondent to legalise an illegal detention by the applicant/respondent.

“The applicant/respondent dumped the video evidence in support of its application on the Honourable Court whilst the learned trial judge watched same in his chambers and not in the open court.

“The respondent/applicant was arrested on Saturday 3rd August, 2019 before the planned protest that took place on Monday 5th August, 2019 while he was already under the custody of the Applicant/Respondent.

“The persons who participated in the protests of 5th August, 2019 have been charged with unlawful assembly at the Magistrate Courts at Ebute-Metta, Lagos State and Calabar, Lagos State.

“The applicant/respondent had concluded investigation of this case and announced its findings.

“The Respondent/Applicant had also volunteered statement to the Applicant/Respondent.

“At the time of the hearing of the motion ex-parte, the respondent/applicant was in custody of the applicant/respondent at Abuja, within the jurisdiction of this Honourable Court.

He argued that the applicant (DSS) failed to provide substantive evidences linking Sowore with terrorism or related act. 

“The Applicant/Respondent motion exparte filed 5th August, 2019, did not disclose any fact capable of linking the Respondent /Applicant to any terrorism activity.

“That in the same vein the motion filed 5th August, 2019 did not in the supporting Affidavit allude to facts linking the Respondents/Applicants to any terrorism activity.

“The Applicant’s detention has exceeded the maximum period a court of law can allow the Respondent to detain the Applicant in accordance with the provisions of Section 35 (4) (a) of the Constitution of Nigeria (AS AMENEDED) 2011 which only empowered the Applicant/Respondent to detain the Applicants for a maximum period of two months from the date of their arrest.

“That the Order made on 8th August, 2019 was based on a wrong presumption and mistake that the Complaint against the respondent therein relates to terrorism.

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