SAN FRANCISCO, August 28, (THEWILL) – A Federal High Court sitting in Abuja has refused to hear the application challenging the detention of the convener of #RevolutionNow, Omoyele Sowore by the Department of State Security Services (DSS) filed by Human Rights lawyer, Femi Falana (SAN).
Sowore had challenged the powers of the DSS to arrest, investigate and prosecute him or any person under the Terrorism Prevention Act as amended.
In documents filed on his behalf by Falana, Sowore contended that the DSS was not one of the law enforcement agencies recognised and listed in Section 40 of the Terrorism Prevention Act as amended.
“Although we are not unaware that the Department of State Service (DSS) is listed in Section 40 of the Terrorism Prevention Act, we submit that the DSS is not a juristic person having not been created by any Act of the National Assembly,” a suit filed at a Federal High Court in Abuja read.
Ruling on the application on Wednesday, Justice Evelyn Maha said proceeding with the hearing of the application amounts to reviewing the order of a court of coordinate jurisdiction.
Justice Maha insisted that the matter is already before Justice Taiwo Taiwo who granted the initial exparte order empowering the DSS to detain Sowore for 45 days and subject to review.
