December 23 has been fixed by the federal high court in Abuja, will, to rule on a suit filed by Omoyele Sowore, where he demands for his unconditionally release from the department of state service (DSS)’s custody.
Sowore, trough his counsel, filed a motion ex-parte number: FHC/ABJ/CS/1409/19, before Justice Inyang Ekwo, demanding for his unconditional release after an earlier order made by Justice Ijeoma Ojukwu on November 6.
DSS refused to release Sowore until December 5, but rearrested him on December 6 shortly after a court proceeding at the Federal High Court in Abuja.
Sowore has now filed the current application against the director-general of the DSS and the attorney general of the federation (AGF) and minister of justice Abubakar Malami, SAN who claimed to have taken over his prosecution in the treasonable felony charge against him.
Sowore’s counsel on Tuesday prayed for “an order for the production of the applicant for unconditional release in pursuance of the release order made by this Honourable Court on the 6th November, 2019,” claiming that his continued detention despite the release order made by the court on Nov. 6 was “unlawful, unconstitutional, null and void.”
He said such action violated “his fundamental right to personal liberty guaranteed by Section 35 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.”
He reminded that Sowore was arrested in Lagos on the Aug. 2 without a warrant of arrest and was detained from the said date till Aug. 7 without a court order in violation of his fundamental right to personal liberty guaranteed by the constitution.
Justice Ekwo requested to hear from the side of the respondents before ruling on the matter, and adjourned the hearing on the case to December 23, after asking the applicant to put the respondents on notice.