Few days after ordering the Department of State Services to transfer the case file of Omoyele Sowore to his office, the Attorney-General of the Federation, Abubakar Malami, has said he can’t order the DSS to release Sowore.
Malami, who is also the Minister of Justice, said this in a statement by his Special Assistant on Media and Public Relations, Dr Umar Gwandu.
Sowore's lawyer, Femi Falana (SAN), had written a letter to Malami, requesting him to order the release of Sowore.
Falana said that his client was being illegally detained as there was no court order to that effect.
He said that two lawyers in the team visited the DSS headquarters in Abuja to demand Sowore’s release but were advised to direct their request to Malami.
Responding to Falana, Malami said he can’t order Sowore's release before hearing from the court as he could not take a unilateral decision.
He said, “When parties submit their issues for determination to a court of law, they lack exclusivity of decision over such issues without recourse to the court.
“We remain guided by the established tradition and will not take unilateral decision without recourse to the rule of law.”
Sowore was rearrested on December 6 by the DSS barely 24-hours after he was released on bail.
He is yet to be told the reason for his rearrest.