Court orders DSS to detain Sowore for 45 days
By Andrew Orolua, Abuja
The Federal High Court, Abuja has granted the prayer of the Department of State Services (DSS) to detain the Convener of #RevolutionNow protest and presidential candidate of the African Action Congress (AAC), Omoleye Sowore for 45 days in the first instance.
The order was contained in the ruling delivered by Justice Taiwo Taiwo in the ex-parte application filed by the Department of State Services (DSS) on August 6, three days after Sowore was arrested in Lagos.
In the ex-parte application marked FHC/ABJ/CS/ 915/19, the DSS had sought for an order of court to detain Sowore for 90 days for alleged terrorism offences after he called for a RevolutionNow protest.
Justice Taiwo said the application brought pursuant to Section 27 (1) of the Terrorism Amendment Act, 2013, was backed by two exhibits, a digital video showing Sowore with the proscribed leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kalu and a statement allegedly made by the suspect declaring he would join hands with the Shiite group to take over the government.
The judge said that he has read the processes and examined the exhibits as well as Section 35(1)(c) and (7) of the constitution along with the Terrorism Act. He also considered other cited authorities, and he found that “there is no absolute freedom.”
He said that the facts before the court is one- sided, but noted that the law permits this type of application which alleged the commission of a crime and an on- going investigation.
Justice Taiwo also stated that the nature of the alleged crime, terrorism and its gravity is an affront to the peace of society. He however, observed that the alleged crime and facts are mere allegations which must be proven beyond reasonable doubt,
The judge added even though he has the discretional power to release Sowore, he would be failing in his duty if he does not act on the facts presented by the DSS, pending the conclusion of its investigations.
He thereafter, ordered that rather than the 90 days as sought by the DSS, Sowore should remain in the custody of the DSS for 45 days, counting from August 8, which could be reviewed at the expiration.
The matter was adjourned till September 24.
The hearing was heard under tight security around the court premises with officers of the police and other security agencies stationed at strategic places.
