on September 4 over the detention pro-democracy activist and co-convener
of #RevolutionNowmovement, Omoyele Sowore.
Justice Nicholas Oweibo gave the order on Tuesday following an ex-parte
application filed by Olukoya Ogungbeje, a Lagos-based lawyer.
Sowore was arrested by operatives of the DSS in Lagos on August 3 over
the planned RevolutionNow protest slated for August 5.
He has remained in DSS detention since that day.
Ogungbeje, who said he also participated in the #RevolutionNowprotest
but was not arrested, urged the court to declare as unconstitutional and
illegal police clampdown of the protesters and the arrest of Sowore by
the DSS.
He urged the court to make an order for the immediate and unconditional
release of those arrested and detained.
Joined as respondents in the application are the Federal Government, the
DSS and the Inspector-General of Police.
Giving reasons why the arrested persons should be immediately and
unconditionally released, Ogungbeje said, “There has been a grave
constitutional infraction committed by the respondents against the
applicant and other persons who engaged in the peaceful protest for good
governance in Nigeria.
“On August 3, 2019, convener of the protest, Omoyele Sowore was
arrested, whisked away and detained in the detention facility of the 2nd
respondent (DSS).
“Mr Omoyele Sowore has not committed any offence known to law to warrant
the infringement and likely infringement of rights by the respondents.
“By engaging in the peaceful protest, the applicant and other persons
have not committed any offence known to law to warrant the treatment
meted out to them by the respondents and their agents.”
But rather than order the release of the detainees, Justice Oweibo said
he needed to hear from the FG, DSS and the IG.
He ordered Ogungbeje to put them on notice and directed that the
respondents must appear before him on September 4 to show cause why
Sowore and others should not be released immediately.