By Vivian Okejeme Abuja
Justice Taiwo Taiwo of the Federal High Court in Abuja, yesterday, ordered the immediate release of the convener of #RevolutionNow protest, Mr. Omoyele Sowore, from the custody of the Department of State Service.
The judge who ordered the activist be released to his counsel, Mr. Femi Falana (SAN), said Sowore must deposit his passport and other travel documents to guarantee his availability for trial.
At the resumed proceeding, Mr. Femi Falana (SAN), informed the court that the order issued by the court on August 8, 2019 permitting the DSS to hold the activist for 45 days, had expired on September 21.
Therefore, he urged the court to issue a consequential order releasing the publisher of SaharaReporters from custody.
In his reaction, counsel to the DSS, G.O Agbadua, said that since the charges had been filed against the activist on September 20, it was lawful to continue to keep until arraignment.
Responding, Falana said that filing of charges cannot metamorphose into a detention order, adding that a citizen cannot detain a citizen in anticipation of arraignment.”
Meanwhile, Agbadua, had earlier withdrew the DSS’ application asking for the extension of the period of the detention of Sowore for further 20 days.
Agbadua’s request for the withdrawal of the said application was based on the fact that charges had been filed against the activist.
Falana also withdrew Sowore’s application for bail on the grounds that the application had become academic since the order of detention had expired.
Consequently, Falana prayed the court to grant his request and order the prosecution agency to release Sowore, premising on the grounds of the expiration of detention order and DSS withdrawal of request for further detention.
Justice Taiwo, in his ruling ordered the immediate release of Sowore from custody.