DSS: Why Sowore is Still in Detention ...Detained activist wants Service DG jailed

The Department of State Services (DSS) on Thursday said it was yet to effect the release of the convener of #RevolutionNow, Omoyole Sowore, following the failure of his lawyer, Femi Falana, to “follow laid down procedure.”

It also denied disobeying a court order by holding on to the publisher of the online medium, Sahara Reporters.

This is coming as the detained activist on Thursday commenced the process of committal to prison of the DSS Director-General over alleged disobedience to an order of court.

An Abuja High Court had granted Sowore bail some days ago. Part of the condition was that he deposits his international passport which he had complied with but the security service is yet to release him from detention.

Speaking in Abuja, spokesman of the DSS, Peter Afunanya, said Sowore’s counsel had not fulfilled certain conditions expected of him before he would be set free.

“His lawyer is an experienced lawyer and knows the procedure but he has not done that. He knows what to do but he does not seem to be doing that," he said.

On the import of his continued detention which amounts to disobedience of a valid court order, he said the security agency had not disobeyed any court order granting him bail.

“DSS has not disobeyed any court order. There is no basis to say we are disobeying a court order. There is no basis for that. We don’t do that. Falana, as experienced as he knows what do in the circumstance he knows what to do.

“He has not taken the appropriate steps. There is no basis for saying that we disobeyed a court order. He has not formally followed the procedure,” he said.

Meanwhile, Sowore has commenced the process of committal to prison of the Director-General of the DSS over alleged disobedience to a court order

 

 Justice Taiwo Taiwo of the Federal High Court, Abuja, had last September 24, 2019, ordered his immediate release from the DSS’ custody following the expiration of the order permitting the security agency to detain him for 45 days only to enable it conclude investigation of treasonable felony and terrorism allegations.

However, over 48 hours after the order was made the agency was yet to obey the order forcing Sowore to file form 48 process for committal to prison against the DSS boss.

 

The suit filed on September 26, was brought pursuant to order ix, rule 1-3 of the judgment enforcement rules, section 72 of the Sheriff and Civil Process Act 2004 and under the inherent jurisdiction of the court.

Titled: ‘Notice of Consequences of Disobedience to Order of Court', the DSS boss in the contempt notice form was warned that unless he obey the order of the Federal High Court delivered on September 24, ordering him to release Sowore in suit number FHC/ABJ/CS/915/2019, he will be guilty of contempt of court and will be liable to be committed to prison.

The contempt form notice further indicated that the court has been informed that as at yesterday September 26, the DG SSS was yet to comply with the lawful order by refusing to release Sowore from its custody.

The notice read in part: Take notice that unless you obey the direction contained in the order of the Federal High Court of Justice, Abuja, delivered on September 24, 2019 which ordered you to release the applicant in suit number FHC/ABJ/CS/915/2019 forthwith, you will be guilty of contempt of court and will be liable to be committed to prison".

"A copy of the said order of court earlier served on you is hereby annexed for your on-the-spot reference.

"This court has been informed that even as at today Thursday September 26, 2019, you are yet to comply with the lawful order of the Federal High Court by refusing to release the applicant namely: Omoyele Sowore in your custody.

"You are hereby directed to comply with the court order forthwith or you will be guilty of contempt of court."

The notice was served on the SSS boss at the three-arm zone in Abuja on Thursday after all the necessary conditions have been fulfilled.

As at Wednesday night one of the lawyers to Sowore, Marshal Abubakar, in a telephone interview with journalists, said the Director of Legal Services at the SSS had informed them that they are waiting for the instruction of the DG before taking steps on Sowore's issue.