He stated that by Section 28 (4) of the Terrorism Prevention (Amendment) Act 2013, a person detained pursuant to Section 27 (1) can be admitted to bail by the court.
Detained pro-democracy activist and Convener of #RevolutionNowmovement, Omoyele Sowore, has filed a motion before the Federal High Court in Abuja seeking bail on self-recognition.
In a motion filed on Friday, Femi Falana (SAN), his lawyer, asked the court to grant Sowore bail on the ground of self-recognition or upon any condition the court may reasonably deem to impose in the circumstance of the case.
Falana said that the applicant’s right to fair hearing, dignity of human person, liberty, health and freedom of movement are under threat and being violated.
He stated that by Section 28 (4) of the Terrorism Prevention (Amendment) Act 2013, a person detained pursuant to Section 27 (1) can be admitted to bail by the court.
The respected lawyer in the application disclosed that Sowore had on August 7 and 8, 2019 volunteered statement to the Department of State Services and had concluded investigation on the case and announced its findings.
He argued that other Nigerians, who participated in the protests of August 5, 2019 in different states had been released on bail upon arraignment.
He said that his client had been detained since August 3 and had never been charged with any criminal offence.
Recall that Justice Nkeonye Maha had on August 28 declined to hear the motion filed by Sowore challenging his detention by the Nigerian Government.
Efforts by his lawyer to move for oral application for bail were scuttled by the judge, who insisted that she could not review the decision of Justice Taiwo Taiwo that granted an ex-parte order for the DSS to detain him for 45 days.
The motion filed by Falana reads, “The applicant herein is seeking the order of the court admitting the applicant to bail on self-recognition or upon any condition the court may reasonably deem to impose in the circumstance of the case.”
Sowore was arrested in the early hours of August 3 in Lagos by DSS operatives for calling on Nigerians to take to the streets and express their frustration with the poor state of leadership in the country.