#RevolutionNow: Court Grants DSS Leave To Detain Sowore For 45 Days

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The Federal High Court Abuja, on Thursday, granted leave to the Department of State Security Service (DSS) to detain the convener of #RevolutionNow protests, Mr Omoyele Sowore, for 45 days.

According to the vacation judge, Justice Taiwo Taiwo. the order takes effect from today, Aug. 8.

The judge gave the order in a ruling on an application by the DSS seeking an order to detain Sowore for 90 days pending the conclusion of its investigation.

The News Agency of Nigeria (NAN) reports that Counsel to the DSS, Barr. Godwin Agbadua had, on Aug. 6 in an exparte order, asked the court to grant the agency’s application to detain Sowore for 90 days.

Sowore, who is the publisher of SaharaReporters and Presidential Candidate, African Action Congress (AAC) in the Feb. 2019 general elections, was arrested in the early hours of Aug. 4 by the operatives of the DSS in a hotel in Lagos.

He was moved to Abuja on Aug. 4.

The state agency said Sowore was arrested on account of the #RevolutionNow protest which he had spearheaded.

Justice Taiwo, in his ruling on Thursday, said he had read the written submissions of the applicant and watched the video clips attached to the application as exhibits.

”One of the exhibits is a DVD recording of a conference held by Sowore and the Leader of the Indigenous People of Biafra (earlier proscribed by the Nigerian government), Mr. Nnamdi Kanu.

”The other is also DVD recording of the statement allegedly made by Sowore that members of the Islamic Movement in Nigeria (IMN), the body of Shiites movement recently proscribed by government, would join forces with him to bring down the government,” he said.

According to him, the use of the word ‘may’ in Section 27(1) of the Terrorism (Prevention Amendment) Act which makes for the court to grant an ex parte application by the State Security Service to apply for the detention of a suspect being investigated for terrorism, can be ‘discretionary.’

He added that the word ‘may’ could be ‘directory’ or ‘mandatory.’

He said ”the word, ‘may’ is not always ‘may’; sometimes it is equivalent to ‘shall’,” referring to the PDP Vs Senator Ali Modu Sheriff’s case.

”I am of the view that use of the word ‘may’ in Section 27(1) of the Terrorism (Prevention) Amendment Act 2013 is directory and not mandatory,” he said.

Taiwo, who stated that he had looked at the facts presented by the applicant, said ”I will fail in my duties if I do not act on those facts at least until the contrary is proven.”

He, therefore, granted the DSS’ application to detained Sowore for 45 days which he said could be renewed by the applicant based on the court’s decision.

”I shall therefore grant the application only to the extent that the applicant shall detain the respondent for a period of 45 days, in the first instance, which may be renewed upon application by the applicant for further number of days if investigation is not concluded by the applicant within the 45 days granted by the court.

”The return date shall be 45 days from today, Aug. 8,” he pronounced.

The judge thereafter adjourned the matter till Sept. 21.

Effort to speak with the DSS lawyer, Mr Agbadua, was unsuccessful as he declined to comment on the case.

Although Sowore was neither in the court or represented by any lawyer, a number of the #RevolutionNow protesters were sighted around the court with the orange-colour beret caps.

There were, however tight security around the court with officers of the Nigerian police stationed at strategic positions. (NAN)

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