The Federal High Court in Lagos on Tuesday ordered the immediate release of the convener of #RevolutionNow protest, Mr. Omoyele Sowore, from the custody of the Department of State Service, DSS.
Justice Taiwo Taiwo said the activist should be released to his lawyer, Mr. Femi Falana (SAN), who is to produce him for arraignment whenever he is required.
Sowore’s lawyer, Femi Falana, persuaded the court to order immediate release of his client as the prosecution is no longer interested to detain him further
Counsel to the DSS, however, challenged the oral application for release saying that a formal suit has been filed whereSowore is being accused of treasonable felony which is a capital offence.
Sowore was arrested on August 3rd, two days before a rally tagged Revolutionnow for allegedly plotting to overthrow an elected government.
The prosecutor is asking the Court to deny the respondent bail due to the fresh charges filed against him.
In response counsel to Sowore said the application for bail was withdrawn and the prosecutor’s application for further remand was also withdrawn. He stressed that the new charges can’t metamorphose In a remand order.
Mr Falana urged the court to disregard the submission on the prosecutor. Mr Falana said the prosecutor can not ask the court to detain a citizen prospectively and in anticipation of the arraignment of the defendant order his detention.