BREAKING: Court strikes out DSS application to further detain Sowore

The Federal High Court sitting in Abuja on Tuesday struck out the application by the Department of Social Security (DSS) to further detain the publisher of SaharaReporters and convener of #RevolutionNow, Omoyele Sowore.

This follows the withdrawal of the application by the state counsel.

Sowore’s lawyer, Femi Falana, persuaded the court to order immediate release of his client as the prosecution is no longer interested to detain him further

Counsel to the DSS, however, challenged the oral application for release saying that a formal suit has been filed where Sowore is being accused of treasonable felony which is a capital offence.

Sowore was arrested on August 3rd, two days before a rally tagged #Revolutionnow for allegedly plotting to overthrow an elected government.

The prosecutor is asking the Court to deny the respondent bail due to the fresh charges filed against him.

In response counsel to Sowore said the application for bail was withdrawn and the prosecutor’s application for further remand was also withdrawn. He stressed that the new charges can’t metamorphose In a remand order.

Mr Falana urged the court to disregard the submission on the prosecutor. Mr Falana said the prosecutor cannot ask the court to detain a citizen prospectively and in anticipation of the arraignment of the defendant order his detention.

The court said Mr Sowore must deposit his international passport within 48 hours after his release and ordered that his lawyer, Femi Falana, should be responsible for producing him in court once he has been notified of the charge against him.

The judge, Taiwo Taiwo, said the law provides for the freedom of all Nigerians regardless of economic or political status.

“The order of the court has expired. It has not been renewed and cannot be renewed in view of the motion ex-parte earlier withdrawn,” the judge said.

“The liberty of all Nigerians high or low, poor or rich is guaranteed by the constitution. It’s for this end that I’m of the view that the defendant ought to be released forthwith,” Mr Taiwo said in a short ruling on Tuesday.