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Court strikes out Sowore’s appeal against DSS detention
THE Federal High Court, Abuja, on Wednesday, has refused to grant the motion filed by Mr Omoyele Sowore, challenging his detention for 45 days by the Department of State Security DSS.
Justice Nkeonye Maha, who took over from Justice Taiwo Taiwo as the vacation judge declined all applications by Sowore’s Counsel, Mr Femi Falana, SAN.
Falana, who had earlier asked the court to set aside the ex parte order granted by Justice Taiwo, also applied for bail orally when Justice Maha rejected the application.
Justice Maha who stood on the ground of not having jurisdiction to review the decision by Justice Taiwo, noting that ruling of the vacation judge stated the matter would be heard on September 21.
The judge said she had no authority to proceed or review the judgment of her colleagues and that she would like to preserve the order of the court.
Sowore’s counsel, Femi Falana, disagreed with the judge’s position, noting that order 26 of the Federal High Court procedure stipulates that anyone affected by an ex-parte order can return to the same court to set it aside.
He said Sowore’s fundamental human rights were being violated with unnecessary detention and that Justice Maha has the right to hear and review the previous order.
It will be recalled that Justice Taiwo had in a ruling on an ex-parte application delivered on August 8, ordered Sowore’s detention for a period of 45 days to enable the Department of State Service (DSS) carry out and conclude its investigation of Sowore on allegations of instigating the public and seeking a change of the present administration through unconstitutional means.
However, Justice Maha hereby ruled that the case be referred to Justice Taiwo to properly air their grievances with his initial order.
Sowore, a former presidential candidate, was arrested by the DSS on Saturday, August 3, for calling for nationwide protests, tagged RevolutionNow, against the President Muhammadu Buhari-led government