A Federal High Court sitting in Abuja on Tuesday has ordered the immediate release of the detained convener of #RevolutionNow protest, Mr. Omoyele Sowore from the custody of the Department of States Security Service (DSS).
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Justice Taiwo Taiwo who issued the order has however directed Sowore to deposit his international passport with the registry of the court.
The court equally ordered that Sowore should be released to his counsel, Femi Falana (SAN) who will produce him to court for his arraignment on the pending seven-count charge preferred against him by the Federal government.
The Federal government had last Friday preferred a seven counts of treasonable felony and money laundering.
Equally cited as a defendant in the charge marked FHC/ ABJ/CR/235/2019, is one Olawale Adebayo Bakare (aka Mandate).
Justice Taiwo predicated his decision on the fact that his earlier order made on August 8, granting the DSS permission to detain Sowore for 45 days in the first instance, had expired on September 21, 2019.
The Judge held that in view of the fact that the DSS had equally withdrew its application seeking the renewal of his detention for 20 more days, there is no competent order of court for his continued detention by the DSS.
Earlier, proceedings in the matter was stood down to 11 am to await the prosecution counsel, Godwin Abadua who was not in court.
When the court resumed, Falana appearing with Hammed Jimoh withdrew his application for the bail dated September 13, 2019 on the grounds that it has been overtaken by events.
He argued that since the applicant has not been charged with terrorism, there was no basis for the application to be moved.
Thereafter, the defence counsel, Falana urged the court to order the release of Sowore from detention since its earlier order for his 45 days detention by the DSS has since expired by since September 21.
In addition, he equally submitted that since the prosecution has also withdrew his application for the renewal of the detention order, the consequent is that, there is no competent order of court for his continued detention by the DSS.
Falana specifically argued that “since the application for the renewal of the detention of the respondent has been withdrawn and struck out by the court, we urged the court to make an order for the immediate release of the respondent from custody in line with section 35 of the 1999 constitution.
“In addition, since the order of this court made on August 8, 2019 for the detention of the respondent by the DSS for 45 days has expired by exflussion of time, the implication is that as from today, there is no order of a competent court for the remand or further detention of the applicant.
“Furthermore, the initial order for his detention for 45 days was predicated on the information that he was been investigated for terrorism. However, from the seven count information against the respondent, there is nothing like terrorism.
Responding, the prosecution counsel, G. Abadua, urged the court to take note of the fact that the respondent has been charged with terrorism and treasonable felony before this court.
He equally submitted that the offence upon which the respondent is charged is a capital offence by the provision of section 161 of the Administration of Criminal Justice Act, 2015, which states that a person arrested and detained for an offence punishable with death can only be admitted to bail by a Judge of the High court under exceptional circumstances.
Abadua further submitted that since a charge has been filed against the respondent to fulfill the requirement of the constitution, to bring any person accused before the court, the whole essence is to ensure probity, only the court can determine whether or not, a person is right to freedom of movement should be guarantee or withheld in certain circumstances.
He argued that the moment a charge is filed, such a person will not be said to be held illegally detained.
Besides, he said the moment the process are before the court, the administrative procedure of assigning the matter to a particular Judge, is not one which the applicant has control of.
“In this circumstance, it is our submission that for the interest of justice and national security, the court should not make an order that the bail or otherwise of the respondent be determined by the court that will hear the criminal trial, especially considering that the court will be seized of the fact to which the respondent has been charged, so as to strike a balance as to whether or not the respondent will be granted bail or released from detention.
But replying on point of law, Falana urged the court to discountenanced the submissions of the prosecution counsel on the grounds that mere filling of charges cannot metamorphosis into a remand order.
He equally submitted that the prosecution misled the court when he said that the respondent was charged with terrorism, which is a capital offence.
On the pending charge before the coury, Falana submitted that the prosecution cannot ask the court to detain a citizen in anticipation of his arraignment.
He therefore urged the court to hold that since the order has expired and in view of the withdrawal of the application by the DSS for its renewal, the respondent should be released from detention.
In his ruling, Justice Taiwo after considering the submissions canvassed by the prosecution and defence counsel ordered that Sowore be released from detention forthwith.
The decision was greeted with wild jubilation by his teaming supports who were in court to show solidarity for their hero.
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