The convener of RevolutionNow, Omoyele Sowore, would remain in the Department of State Security custody for a period of 45 days at first instance, until the court rules otherwise.
Justice Taiwo Taiwo of the Federal High Court, Abuja, who gave the order on Thursday, affirmed further that Sowore’s detention shall however be subjected to review at the expiration.
Blueprint reports that the security agency (DSS) had approached the court and filed an ex-parte application seeking an order to detain Sowore for 90 days.
The ex-parte motion by the DSS marked FHC/ABJ/CS/ 915/19 had sought the order of the court to detain Sowore beyond the 48 hours of his arrest required by law.
Sowore, the presidential candidate of the African Action Congress (AAC) in the February 23, 2019, election and publisher of Sahara Reporters, had called for a protest, to begin August 5, termed RevolutionNow, to draw attention of the ruling class to the suffering of the masses.
He was however arrested last weekend in Lagos and moved to the DSS office in Abuja, where he is currently being detained.
According to the state agency, Sowore was arrested on account of the RevolutionNow protest which he had spearheaded.
In a ruling Thursday morning, Justice Taiwo said the application brought pursuant to section 27 (1) of the Terrorism Amendment Act, 2013, was backed by facts.
He held further that although the application is accompanied with a 7-paragraph affidavit and two exhibits attached, the allegation of terrorism has to be proven beyond reasonable doubt, noting that the respondent has fundamental rights which must be respected.
Nevertheless he said, the two exhibits, photograph of Sowore with pro-Biafra agitator, Nnamdi Kanu, who is standing trial for treason, and an audio recording of Sowore, alleged attempt to join forces with the Islamic Movement of Nigeria (IMN) to bring down President Muhammadu Buhari’s government, made the court reach a conclusion of the allegation of terrorism.
He said, “The gravity of the offence of terrorism is an affront to the peace of society. The facts presented are mere allegation which must be proved at the appropriate time,”
Justice Taiwo noted however that even though he has the discretional power to release Sowore, he would be failing in his duties if he does not act on the facts presented by the DSS, pending the conclusion of its investigations.
He then ruled that rather than the 90 days as sought by the DSS, Sowore should remain in the custody of the DSS for 45 days, counting from August 8, which could be reviewed at the expiration.
The matter was adjourned till September 24.
