A Federal High Court sitting in Abuja has declined hearing the application challenging the detention of the convener of #RevolutionNow, Omoyele Sowore by the Department of State Security Services (DSS)
The application was filed by Human Rights lawyer, Femi Falana (SAN).
Ruling on the application on Wednesday, Justice Evelyn Maha said proceeding with the hearing of the application amounts to reviewing the order of a court of coordinate jurisdiction.
Justice Maha insisted that the matter is already before Justice Taiwo Taiwo who granted the initial exparte order empowering the DSS to detain Sowore for 45 days and subject to review.
READ ALSO: Sowore Challenges Powers Of DSS To Arrest, Prosecute Him In Court
Sowore had earlier challenged the powers of the DSS to arrest, investigate and prosecute him or any person under the Terrorism Prevention Act as amended.
Sowore, in documents filed on his behalf by human rights activist and Senior Advocate of Nigeria (SAN), Mr Femi Falana, contended that the DSS was not one of the law enforcement agencies recognised and listed in Section 40 of the Terrorism Prevention Act as amended.
“Although we are not unaware that the Department of State Service (DSS) is listed in Section 40 of the Terrorism Prevention Act, we submit that the DSS is not a juristic person having not been created by any Act of the National Assembly,” the suit filed at a Federal High Court in Abuja read.
The Supreme Court has dismissed an appeal filed by the immediate past National Security Adviser, Retired Colonel Sambo Dasuki in seeking to compel the Department of State Service to release him from detention.
Dasuki had earlier challenged the validity of his trial while being detained by the DSS since December 29, 2015, a detention he claimed was ‘unlaw.’
Making pronouncement on the appeal on Friday, Justice Ejembi Eko in a lead judgement dismissed the appeal as lacking in merit.
Justice Ejembi added that “an appeal brought not bonafide but merely to delay a pending action or to gag other prospective actions is clearly an abuse of court.
He further held that “the case is remitted to the learned trial judge, Justice Baba Yusuf of the FCT high court for hearing; with further directive that it shall be given accelerated hearing.”
Justices Dattijo Muhammad, John Okoro Inyang, Centus Nweze and Amina Augie, who were also on the panel unanimously agreed with the lead judgement.
On June 15, 2016, the Court of Appeal dismissed Dasuki’s plea that his trial before Justice Hussein Baba Yusuf of High Court of the Federal Capital Territory be suspended until the DSS obeyed a valid order granted by a court of competent jurisdiction which had granted him bail.
Dissatisfied with the position of the appellate court, the Former NSA headed to the Supreme Court to seek redress.