Court refuses to grant Sowore’s application challenging his detention by the DSS
The Federal High Court, Abuja, on Wednesday, refused to grant the motion filed by Mr Omoyele Sowore, Convener, #RevolutionNow protests, challenging his detention for 45 days by the Department of State Security (DSS).
Justice Nkeonye Maya, who declined all applications by Counsel to Sowore, Mr Femi Falana , SAN, sent the case back to Justice Taiwo Taiwo for further hearing.
Falana, who had asked the court to set aside the ex parte order granted by Justice Taiwo, also applied for oral bail when Justice Maha rejected the earlier application.
Sowore who is presently in detention had, on Aug 9, approached the court, seeking an order to vacate the ex parte order that gave the DSS the legal backing to detain him for 45 days.
Justice Taiwo Taiwo had, in a ruling on Aug. 8 in an ex parte application, ordered Sowore’s detention for the said period to enable the DSS carry out and conclude its investigation on allegations levied against him.
The DSS had also, on Aug. 20, challenged the court order, allowing it to detain Sowore for 45 days against its request of 90 days pending investigation.
Sowore had earlier, in documents filed on his behalf by human rights activist and Senior Advocate of Nigeria(SAN), Mr Femi Falana, contended that the DSS was not one of the law enforcement agencies recognised and listed in Section 40 of the Terrorism Prevention Act as amended.
“Although we are not unaware that the Department of State Service (DSS) is listed in Section 40 of the Terrorism Prevention Act, we submit that the DSS is not a juristic person having not been created by any Act of the National Assembly,” a suit filed at a Federal High Court in Abuja read.
Sowore stated that the fact that the SSS and DSS were used interchangeably in the country has not conferred legal status on the Service.
According to him, the motion ex parte for his arrest was filed by the SSS and not DSS and as far as the law is concerned, the SSS has no power to substitute itself for the DSS.