A Federal High Court sitting in Abuja has declined hearing
the application challenging the detention of the convener of #RevolutionNow,
Omoyele Sowore by the Department of State Security Services (DSS)
The application was filed by Human Rights lawyer, Femi
Falana (SAN).
Ruling on the application on Wednesday, Justice Evelyn Maha
said proceeding with the hearing of the application amounts to reviewing the
order of a court of coordinate jurisdiction.
Justice Maha insisted that the matter is already before
Justice Taiwo Taiwo who granted the initial exparte order empowering the DSS to
detain Sowore for 45 days and subject to review.
Sowore had earlier challenged the powers of the DSS to
arrest, investigate and prosecute him or any person under the Terrorism
Prevention Act as amended.
Sowore in documents filed on his behalf by human rights
activist and Senior Advocate of Nigeria(SAN), Mr Femi Falana, Sowore contended
that the DSS was not one of the law enforcement agencies recognised and listed
in Section 40 of the Terrorism Prevention Act as amended.
“Although we are not unaware that the Department of State
Service (DSS) is listed in Section 40 of the Terrorism Prevention Act, we
submit that the DSS is not a juristic person having not been created by any Act
of the National Assembly,” a suit filed at a Federal High Court in Abuja read.
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