Rights lawyer, Femi Falana (SAN), has said the order issued by the court for the release of Omoyele Sowore and Olawale Bakare is not subject to approval by the Department of State Services.
Falana had earlier described the refusal to release Sowore by the court as undermining the judiciary and blatant disregard for rule of law in the country.
The legal luminary had gone to the office of the DSS to receive Sowore on bail but the agency had on multiple occasions turned him back.
Peter Afunanya, spokesperson for the DSS, had claimed that the agency must see Sowore’s surety before releasing him.
Falana stated that the demand of the DSS is purely against the court order issued by Justice Ojukwu of the Federal High Court, Abuja.
Falana said, “Pursuant to the verification of the sureties of Omoyele Sowore and Olawale Bakare by the Federal High Court, the trial judge, the Honourable Justice Ifeoma Ojukwu, made an order on November 6, 2019 for the release of the defendants from the custody of the DSS.
“The court order has not authorised the DSS to approve the sureties before releasing Sowore and Bakare from custody.”
Justice Ojukwu had on November 6, 2019 issued an order to the DSS for the release of Sowore.
Since the order was received by the DSS, the agency had failed to release Sowore, giving different excuse why it will continue to flout the order of the court.
Justice Taiwo Taiwo had initially granted Sowore bail and the agency had also failed to release him despite meeting bail condition.
Sowore had been in custody since August 3 after he was arrested in Lagos for organising a peaceful protest calling for improvement of welfare of citizens and good governance in the country.