The Federal High Court on Tuesday,ordered the immediate release of Mr Omoleye Sowore, convener of the resolution now movement, from the custody of the Department of State Service.
News Agency of Nigeria (NAN) reports that Sowore was arrested Aug. 3 for convening a nationwide protest, themed #RevolutionNow.
Justice Taiwo Taiwo ordered that Sowore’s International passport be submitted to the chief registrar of the court with 48 hours of judgment.
Justice Taiwo said that since the 45 days detention order had elapsed and not been renewed, also in view of the motion ex-parte earlier withdrawn,there was no extant order for Sowore’s continuous detention.
He however said that although there was an information filed to the court on Sept. 23, deposed to by one Mr Tanko Musa, the information was not before him yet.
The Judge also ordered that Sowore’s lawyer, Mr Femi Falana, SAN, must be responsible for him, once there is a formal charge against him in court.
Earlier, Falana , noted that the order issued by the court on Aug. 8, permitting the DSS to hold the activist for 45 days, expired on Sept. 21.
He urged the court to issue a consequential order releasing the publisher of SaharaReporters from custody.
But responding, DSS counsel, G.O Agbadua, said that since the charges had been filed against the activist on Sept. 20, it was lawful to continue to keep until arraignment.
But Falana said, “Filing of charges cannot metamorphose into a detention order.
“A citizen cannot detain a citizen in anticipation of arraignment.