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Live Updates: Court Hears FG’s Application To Detain Sowore For 20 More Days

A Federal High Court sitting in Abuja has commenced the hearing of the Federal Government’s application to detain the Convener of the #RevolutionNow protest, Mr Omoyele Sowore, for 20 more days.


 

A Federal High Court sitting in Abuja has commenced the hearing of the Federal Government’s application to detain the Convener of the #RevolutionNow protest, Mr Omoyele Sowore, for 20 more days.

Although Sowore’s counsel, Femi Falana arrived at the court early, proceedings were stood down until 11:00 am because the prosecutor was yet to be present.

The matter has, however, commenced.

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10:56 am: The Prosecutor, Mr Godwin Agbadua arrives and the case has been called.

Mr Agbadua has informed the court of an application filed by the DSS.

Mr Agbadua says the facts of the motion have, however, been overtaken by events and therefore, asked to withdraw the application to further detain Sowore.


The court has now struck out the application following the withdrawal by the DSS counsel.


Consequently, Mr Falana says the court should order the immediate release of the respondent… since the order of the court granted in favour of the applicant on August 8, 2019, has expired by time.

According to him, there is no competent court order for the further remand of Mr Sowore.

He also adds that the initial order for the 45-day detention of the respondent was predicated on the information of the applicant that the respondent was being investigated for terrorism.

The presiding Judge, Justice Taiwo Taiwo, however, asks him to, first of all, move the application for bail which he filed on behalf of his client.

But Mr Falana says he decided to withdraw the application for bail because according to him, it has also been overtaken by events.

He explained that the event is that the applicant has not been charged for terrorism and there is no basis to ask for bail.

On his part, the prosecutor says he has no objections to the application to withdraw the application for bail.

The court, thereafter, dismisses the application having been withdrawn by Falana.

Falana is asking that his client is released since the 45 days have elapsed.


The judge, however, informs him that there is nothing before the court any more because the old order has been spent.


Falana further states that he would take a cue from the court since the order for the detention of the defendant had expired and there was no renewal of the said order in line with the order of the court.

He, therefore, applied for the release of the applicant in line with Section 35 of the Constitution which stipulates that a citizen of Nigeria can only be detained in accordance with the orders of a court.


The prosecutor says Mr Falana has confirmed to the court that his client has been properly charged to court for treason and treasonable felony – an offence he describes as a capital offence under Section 161 of the Criminal Justice Act.

He, therefore, states that in the interest of justice and national security the court should ensure that the bail or otherwise of the defendant be determined by the court that will hear the criminal trial.

“Especially considering the fact that that court will be in the know of the fact for which the respondent is being served to weight the balance whether or/not the defendant be admitted to bail or released from custody,” he said.

Falana, however, says there is no application for bail before the court as that has been withdrawn and that the prosecutor has withdrawn his application for further custody of the defendant.


12: 22 pm: Court goes on break.

12:44 pm: Justice Taiwo Taiwo returns to give Judgement.


Justice Taiwo Taiwo says he has listened to the arguments and it is a fact that there is no order detaining Sowore as at today.

Consequently, he says the respondent ought to be released forthwith, however with some conditions.

He (Sowore) has been asked to deposit all travel document within 48 hours of the ruling.

The trial judge has now ordered that Sowore be released to Mr Femi Falana who he says must produce him whenever the court needs him.

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