Skip to main content

Continued Detention Of Sowore Illegal -Ebun-olu Adegboruwa

September 27, 2019

"This is why the continued detention of Mr. Sowore by the DSS, is
illegal. The claim that it has not been notified with the said order
cannot stand, as its counsel was present in court when the order was
made."

Image

 

A senior advocate of Nigeria, Ebun-olu Adegboruwa, has described as
illegal the continued detention of human rights activist, Omoyele
Sowore.

"On  September 24, the Federal High Court sitting in Abuja, refused
the application of the Department of State Security, DSS, to further
detain the presidential candidate of the Action Alliance, Mr. Omoyele
Sowore, and thereafter granted him bail upon certain conditions. It is
the case by his lawyers that the bail conditions have been met, but
the DSS is still holding on to Mr. Sowore, in flagrant violation of
the express order of the court," Adegboruwa said.

He added, "Ours is a constitutional democracy, founded upon the
concept of the rule of law, which prescribes unconditional respect to
all orders of the court. The DSS has not appealed against the order of
the Federal High Court admitting Sowore on bail pending his trial if
any. That imposed on it a compulsory obligation to comply with the
said order, willy nilly."

The senior advocate noted that it was upon the order of a court that
the DSS kept Sowore in custody in the first place and if the same
court now ordered his release, there could be no justification for his
continued detention.

"When the government and its agencies refuse to obey lawful orders of
the court, society descends into the Hobbesian state where life
becomes brutish and short and this encouraging citizens to resort to
lawlessness," he explained.

Speaking further, Adegboruwa argued, "Under and by virtue of section
287 (3) of the 1999 Constitution, 'the decisions of the Federal High
Court ... shall be enforced in any part of the Federation by all
authorities and persons ...'. To that extent, there can be no
justification whatsoever, for the continued detention of Sowore by the
DSS, especially as it is not contesting the order of the court.

"This is why the continued detention of Mr. Sowore by the DSS, is
illegal. The claim that it has not been notified with the said order
cannot stand, as its counsel was present in court when the order was
made.

"Based upon all the foregoing, I call on the Director of DSS to
forthwith comply with the order of court by releasing Mr. Sowore to
his lawyers immediately."