Sowore: Court summons AGF, DSS boss

The Federal High Court sitting in Abuja has summoned the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to appear before it over the continued detention of Omoyele Sowore, the convener of #Revolution Now movement.

Justice Inyang Ekwo who issued the summon on Tuesday also ordered the Director-General of the Department of State Services (DSS), Yusuf Bichi, to appear alongside the AGF.

He ordered the minister and the DSS boss to appear before the court to show cause why Sowore should not be released on bail, pending when they would file a charge against him if there was any.

The judge issued the summon following an application filed by Mr Sowore to challenge his rearrest and continued detention by the DSS.

Abubakar Malami, SAN, the Attorney General of the Federation (AGF) and Minister of Justice, had, on Dec. 13, announced his take over of the prosecution of Sowore in the charge of treasonable felony levied against him.

Court to rule on Sowore’s release Dec. 23

While Sowore is the applicant in the suit, the Director General of State Security Service and the AGF are 1st and 2nd respondents respectively.

However, Marshal Abubakar, who represented Falana, on Tuesday, sought “an order for the production of the applicant for unconditional release in pursuance of the release order made by this Honourable Court on the 6th November, 2019.

“ANY OTHER ORDER (S) this Honourable Court may deem fit to make in the circumstance (s) of this case.”

Abubakar said the continued detention of the applicant regardless of the release order made by the court on Nov. 6 was “unlawful, unconstitutional, null and void.”

He said such action violated “his fundamental right to personal liberty guaranteed by Section 35 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federatton of Nigeria, 2004.”

He reminded that Sowore was arrested in Lagos on the Aug. 2 without a warrant of arrest and was detained from the said date till Aug. 7 without a court order in violation of his fundamental right to personal liberty guaranteed by the constitution.

“On Sept. 21, this Honourable Court per Hon. Justice Taiwo Taiwo made an order mandating the respondents herein to release the applicant forthwith.

“On Sept. 21, charges were filed against the applicant by the 2nd respondent herein and this Honourable Court per Honourable Justice ijeoma Ojukwu made an order for the release of the applicant upon meeting the conditions of bail.

“The respondents herein have neglected, refused and or failed to comply with the said release orders,” he told the court.

Justice Ekwo, who said it would be unfair to deliver ruling on the matter without hearing from the other parties.

The judge, who adjourned the hearing on the case until Dec. 23, ordered the applicant to put the respondents on notice..

The judge said: “And upon the court having taking notice that the 1st respondent haa joined issues with the Applicants on the substantive application and that the 1st & 2nd respondents are not represented in court.

“It is hereby ordered as follows: an order is hereby made that the Deputy Chief Registrar (Litigation) of this court to bring this case and the next date of Hearing to the notice and attention of the 1st & 2nd defendants.

“An order is hereby made remitting this file to the Hon. Chief Judge for assignment of this case to vacation Judge for Hearing on the next date of hearing within the vacation forthwith.

“Case adjourned until Dec. 23, for Hearing of the substantive application.”