Judge throws out Sowore's appeal against DSS detention

Justice Evelyn Maha of the Federal High Court in Abuja has declined to hear an application by Omoyele Sowore challenging his continued detention by the Department of State Services (DSS).

Sowore, a former presidential candidate, was arrested by the DSS on Saturday, August 3, 2019 for calling for nationwide protests, tagged RevolutionNow, against the President Muhammadu Buhari-led government.

The Sahara Reporters founder accused the current government of badly managing the affairs of the country and called on Nigerians to reject the wickedness of the establishment.

The agency then filed a motion, under Section 27 of the Terrorism Prevention Act, before the court to keep him in custody pending the conclusion of its investigation.

In the motion, the DSS accused Sowore of plotting with the Indigenous People of Biafra (IPOB), a southeast-based secessionist group designated as a terrorist organisation, to overthrow the government. Sowore had met with the group's leader, Nnamdi Kanu, a fugitive, weeks ago.

On August 8, Justice Taiwo Taiwo, also of the Federal High Court in Abuja, granted the DSS' ex-parte motion to keep Sowore for 45 days.

When Sowore's motion to vacate the detention order was called before Justice Maha on Wednesday, August 28, the judge declined his request because she lacked the jurisdiction.

She noted that reviewing the decision of a colleague would amount to sitting on an appeal over a ruling by a court of coordinate jurisdiction.

Sowore's counsel, Femi Falana, disagreed with the judge's position, noting that order 26 of the Federal High Court procedure stipulates that anyone affected by an ex-parte order can return to the same court to set it aside.

In the motion, Sowore said the DSS' motion was predicated on suppression and misrepresentation of material facts and constitutes a gross abuse of court process.

"The applicant's/respondent's motion ex parte filed on August 5, did not disclose any fact capable of linking the respondent/applicant to any terrorism activity," his motion read.

Falana said Sowore's fundamental human rights were being violated with an unnecessary detention.

However, Justice Maha asked the parties to return to Justice Taiwo to properly air their grievances with his initial order.