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Court Turns Down DSS Request, Orders Immediate Release of Sowore
The Federal High Court, Abuja, on Tuesday ordered the release of the convener of #RevolutionNow protest, Omoyele Sowore. Justice Taiwa Taiwo, who gave the order, urged the Department of State Services (DSS) to release Sowore to his lawyer, Mr. Femi Falana (SAN), who must produce the accused person whenever the court wants him to appear over charges brought against him.
Sowore, who is the publisher of the news website, Sahara Reporters, and presidential candidate of the African Action Congress (AAC) in the 2019 election, was arrested on August 3 by the DSS, two days before his planned rally tagged RevolutionNow. A few days after his arrest and detention, precisely on August 8, the DSS obtained permission of the Federal High Court to detain him in its custody for another 90 days for alleged terrorism offence, but the court granted 45 days.
Efforts by Sowore and his counsel to abridge the time proved abortive as the court declined to hear their plea. Falana had tried to explain to the court that it was misled by the DSS into granting the request. Although the court had fixed that day for hearing on the application, Justice Nkeonye Maha, however, refused every move to entertain the motion on the ground that she lacked the power to vacate or review an order made by a court of equal jurisdiction. “The court has given an order; do I have the power to set aside (an) order of a court of equal jurisdiction?”
Justice Maha held that since Justice Taiwo, who granted the order would be back soon, Falana should return to him or rather channel his application to the Chief Judge of the Federal High Court.But Falana insisted that even though the other party was asking for adjournment, the court had the power to abridge the date. “My Lordship will do justice to the matter, otherwise, the man will be there for 40 days, which is not in the interest of justice,” he prayed.
With the failure of that plea, the activist Sowore spent the whole 45 days in the DSS custody. But yesterday, the parties returned to the same Justice Taiwo, who ordered an immediate release of Sowore to his lawyer. The judge, however, held that since the charges of terrorism had already been filed against Sowore, he must deposit his international passport and other travel documents to the court to guarantee his availability for trial.
Earlier, Justice Taiwo stood down the case after hearing arguments from both parties. Falana had argued that the order issued by the court on August 8, permitting the DSS to hold the activist for 45 days had expired on September 21. He, therefore, prayed the court to issue a consequential order releasing Sowore from the custody of DSS.
But the counsel to DSS, G.O Agbadua, told the court that since the charges had been filed against the activist on September 20, it was lawful to continue to keep him until arraignment. Falana kicked against Agbadua’s position on the ground that the filing of charges could not metamorphose into a detention order, adding that a citizen could not detain a citizen in anticipation of arraignment.
Agbadua had earlier withdrawn the application filed by the DSS seeking the extension of the period of detention of Sowore for another 20 days. He based his request on the ground that charges had been filed against the activist. Consequently, Falana withdrew Sowore’s application for bail on the ground that the application had become an academic exercise since the order of detention had expired.
With the expiration of the detention order and the withdrawal of the DSS’ request to further keep Sowore in custody, Falana, therefore, urged the court to order the release of his client.Justice Taiwo, in his ruling, agreed with Falana and consequently, ordered the immediate release of Sowore from custody.In a reaction to the ruling, the Yoruba socio-cultural organisation, Afenifere described it as a courageous demonstration by the court.
The Guardian
Source: Reuters
Arise Television anchor, Rufai Oseni, has alleged that there may be attempts to prevent key opposition figures, including Peter Obi and Atiku Abubakar, from appearing on the ballot for the 2027 general elections.
Oseni’s remark followed a Federal High Court judgment ordering the de-registration of some political parties.
Justice Peter Lifu of the Federal High Court in Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party (AP), Action Peoples’ Party (APP), Zenith Labour Party (ZLP), and Action Alliance Party (AAP) over alleged constitutional breaches.
The judgment arose from a lawsuit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet constitutional and statutory electoral performance requirements necessary for continued recognition as political parties.
Justice Lifu subsequently barred INEC from recognising the affected parties, accepting nominations from them or permitting them to participate in activities related to the 2027 general elections.
The ruling, if upheld, could affect the political ambitions of several politicians, including former Vice President Atiku Abubakar, who is the ADC presidential flag-bearer, and Osun State governor Ademola Adeleke, who is seeking re-election on the platform of the Accord Party.
But speaking on Arise TV’s Morning Show on Tuesday, Oseni described the court ruling as a “test” of public reaction, warning that more actions could follow ahead of the next general election.
According to him, opposition parties such as the African Democratic Congress, ADC, and the Nigeria Democratic Congress, NDC, should be cautious, claiming that efforts could be made to stop major figures from participating in the election.
Oseni argued that the judgment was part of a broader process aimed at shaping the political landscape ahead of 2027.
He maintained that the ruling came despite some of the affected parties having recorded electoral victories in recent elections.
He warned that Nigerians must remain vigilant to safeguard the country’s democracy, stressing the need for judicial reforms alongside efforts to tackle insecurity.
Oseni said: “NDC, ADC should be careful because there will be attempt, and this is me predicting now, to ensure that Obi, Atiku and other big contenders are not on the ballot.
“This that you saw yesterday is just a test. This is not the real place where the whole thing is going. This is me predicting now.
“You know before you have a show you test the microphone. They want to see the reactions of Nigerians. More is still coming.
“You can see how they carry a judgement when ADC won two House of Representatives seats in Kogi, one Kogi House of Assembly seat, APP one chairmanship seat in Jigawa, Zenith Labour party won several seats in Abia, but they still went ahead and issued judgement for deregistration after the Court of Appeal, a higher court, said it should stay on that.
“If we want to deal with this judicial rascality, can I tell you something? The judge that gave this judgment, nothing will happen to him. Nothing on this earth. They are just coming.
“And who is leading this group? Gbajabiamila. Have you forgotten what Gbajabiamila said on Hon Ajibade’s birthday? So they are just coming. This one is just a test. The next one they will do is the NDC.
“With the way they’re going, if Nigerians don’t shine their eyes when they will finally have this election, you will not have the major contenders in the ballot. This thing they have just done is to test reactions from Nigerians.
“I saw this thing coming. You know we are going into an election in which Atiku Abubakar is the only major candidate from the North. It’s not like the last one you have Kwankwaso that can split the Kano votes. And you have Peter Obi and general consensus that a lot of people are in abject penury, insecurity is raging hard.
“This is the beginning of many things. They are just testing the microphone. It’s engineered. More is coming. Nigerians, it is you that will save your democracy. Judicial reforms have become so important as insecurity in Nigeria.”
The African Democratic Congress (ADC) presidential candidate, former Vice President Atiku Abubakar, has picked former Rivers State Governor and former Minister of Transportation, Rotimi Amaechi, as his running mate.
Announcing the decision, ADC National Publicity Secretary, Bolaji Abdullahi, said Amaechi’s emergence followed broad consultations within the party and reflected his strong performance as runner-up in the party’s presidential primaries as well as his track records of service to his state and the country.
According to the ADC, Amaechi’s extensive experience across both the legislative and executive arms of government, as former Speaker of the Rivers State House of Assembly, two-term Governor of Rivers State, and former Minister of Transportation, makes him uniquely qualified to complement Atiku’s leadership, strengthen the party’s national appeal, and bolster its campaign to offer Nigerians an experienced and credible alternative ahead of the 2027 presidential election.
The party said the choice of Amaechi underscores its commitment to presenting a leadership team with proven governance experience and national appeal as it prepares for the 2027 presidential contest.
ThisDay
