SOWORE APPEALS HIS 45 DAYS DETAINTION COURT ORDER
The convener of ‘RevolutionNow’ protests, Mr Omoyele Sowore, has filed an application to challenge the court order which granted the Department of State Services (DSS) the permission to detain him for 45 days.
In a motion on notice filed on Friday, he asked the Federal High Court to set aside the ex parte order of the court for his detention.
Sowore, in the motion which has a suit number FHC/ABJ/CS/915/2019 filed by his lawyer, Mr Femi Falana, is also asking for such order or other orders as the court may deem fit and proper to make in the circumstances.
The application is predicated on 18 grounds, including that the said order breached the fundamental rights provisions of the 1999 Constitution (as amended).
Mr Falana said Sowore’s detention for an initial four days period before the grant of the ex-parte order was illegal by virtue of Section 35 of the 1999 Constitution (as amended).
He averred that the order brought pursuant to Section 27 (1) of the Anti-Terrorism Act, 2013, was obtained by the DSS to legalise his client’s illegal detention.
According to the human rights activist, the DSS had concluded investigation of the case and announced its findings via a press briefing.
He added that the motion ex-parte was predicated on suppression and misrepresentation of material facts and based on a wrong presumption and mistake, thereby constituting a gross abuse of court processes.
However, no date has been fixed for hearing of the motion.
Read the copy of the application below:
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/915/2019
STATE SECURITY SERVICE —————-APPLICANT/RESPONDENT
BROUGHT PURSUANT TO
SECTIONS 6 (6) (B), 35 AND 36(4) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 AS AMENDED, SECTION 293 OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015
AND UNDER THE INHERENT JURISDICTION
OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the ——- day of————– 2019 at the Hour of 9 o’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicant Praying this Honourable Court for the following: –
AN ORDER of this Honourable Court setting aside, discharging and/or vacating the ex parte order of this Honourable Court for the detention of the Respondent/Applicant for a period of 45 days made on the 8th August, 2019, Coram: Taiwo Taiwo J, in Suit No: FHC/ABJ/CS/879/2019 between State Security Service V. Omoyele Sowore.
AND for such Order or other Orders as this Honourable Court may deem fit and proper to make in the circumstances.
GROUNDS UPON WHICH THE APPLICATION IS BROUGHT
This Honorable Court on the 8th day of August 2019 pursuant to an ex parte application brought by the applicant/respondent, made an order, inter alia, granting the applicant/respondent permission/approval to detain the respondent/applicant for 45 days.
The said order of the Honorable Court breached the fundamental rights provisions of the 1999 Constitution (as amended).
The detention of the respondent/applicant for an initial 4 days period before the grant of the ex-parte order is illegal by virtue of Section 35 of the 1999 Constitution (as amended).
The order ex-parte brought pursuant to Section 27 (1) of the Anti-Terrorism Act, 2013 was obtained by the applicant/respondent to legalise an illegal detention by the applicant/respondent.
The applicant/respondent dumped the video evidence in support of its application on the Honourable Court whilst the learned trial judge watched same in his chambers and not in the open court.
The respondent/applicant was arrested on Saturday 3rd August, 2019 before the planned protest that took place on Monday 5th August, 2019 while he was already under the custody of the Applicant/Respondent.
The persons who participated in the protests of 5th August, 2019 have been charged with unlawful assembly at the Magistrate Courts at Ebute-Metta, Lagos State and Calabar, Lagos State.
The applicant/respondent had concluded investigation of this case and announced its findings.
The Respondent/Applicant had also volunteered statement to the Applicant/Respondent.
At the time of the hearing of the motion ex-parte, the respondent/applicant was in custody of the applicant/respondent at Abuja, within the jurisdiction of this Honourable Court.
The day the motion ex-parte was filed at the registry of this Honorable Court, the respondent/applicant was allowed by the applicant/respondent to consult his Counsel, Mr. Femi Falana, SAN on phone.
The motion ex-parte was predicated on suppression and misrepresentation of material facts.
The motion ex-parte constitutes a gross abuse of the process of this Honorable Court.
The Applicant/Respondent motion exparte filed 5th August, 2019, did not disclose any fact capable of linking the Respondent /Applicant to any terrorism activity.
That in the same vein the motion filed 5th August, 2019 did not in the supporting Affidavit allude to facts linking the Respondents/Applicants to any terrorism activity.
The Applicant’s detention has exceeded the maximum period a court of law can allow the Respondent to detain the Applicant in accordance with the provisions of Section 35 (4) (a) of the Constitution of Nigeria (AS AMENEDED) 2011 which only empowered the Applicant/Respondent to detain the Applicants for a maximum period of two months from the date of their arrest.
That the Order made on 8th August, 2019 was based on a wrong presumption and mistake that the Complaint against the respondent therein relates to terrorism.
That by virtue of Section 293 of the Administration of Criminal Justice Act, 2015, an application for the remand of any suspect is to be made before a Magistrate Court.
By virtue of the actions of the Applicant/Respondent, the Respondents/Applicants right to life, dignity of human person, health and freedom of movement are under threat as same is currently being violated by the Respondent without any justification known to law.
DATED THIS 9thDAY OF AUGUST, 2019
FEMI FALANA, SAN
OLUMIDE FUSIKA, SAN
JITI OGUNYE, ESQ
MALACHY UGWUMMADU, ESQ
FEMI ABORISHADE, ESQ
SAMUEL OGALA, ESQ
DEJI MORAKINYO, ESQ
FEMI ADEDEJI, ESQ
MARSHAL ABUBAKAR ESQ
DAVID UBONG, ESQ
FALANA & FALANA’S CHAMBERS
THE RESPONDENT/APPLICANT COUNSEL
NO 22 MEDITERRANEAN STREET,
FOR SERVICE ON :
GOA AGBADUA, ESQ
Counsel for the Applicant.