The convener of #RevolutionNow, Omoyele Sowore has challenged the order of a Federal High Court in Abuja approving his detention for 45 days pending investigation.
In a motion on notice brought by his lawyer, Femi Falana (SAN), Sowore is asking for an order of the court setting aside, discharging and/or vacating the ex-parte order made on August 8.
Justice Taiwo Taiwo had on Thursday granted the detention order for 45, which he said can be renewed if investigation is not concluded in the charges brought against Sowore under Section 27(1) of the Terrorism Prevention Act, 2013.
Sowore is contending that the order breached Section 35 of the Nigerian Constitution on the fundamental rights of citizens.
He is also contending that the DSS did not disclose any terrorism-related activity, adding that participants who were arrested on 5th August, 2019 were charged with unlawful assembly in the Magistrates Court at Ebute Meta, Lagos State Oshogbo in Osun state and Calabar, Cross Rivers State.
Falana also contended that Sowore’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 Amended) 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.”
No date has been fixed for hearing.