The Federal High Court, Abuja, will, on Wednesday, hear the motion filed by Omoyele Sowore, Convener, #RevolutionNow protests, challenging his detention for 45 days by the Department of State Security (DSS).
Concise News reports that Justice Nkeonye Maha of the Federal High Court is expected to hear the matter.
Sowore, who is presently in detention had, on August 9, approached the court, seeking an order to vacate the ex parte order that gave the DSS the legal backing to detain him for 45 days.
Justice Taiwo Taiwo had, in a ruling on August 8 in an exparte application, ordered Sowore’s detention for the said period to enable the DSS carry out and conclude its investigation on allegations levelled against him. This, despite public outcry.
The DSS had also, on August 20, challenged the court order, allowing it to detain Sowore for 45 days against its request of 90 days pending investigation.
Sowore, who is the publisher of SaharaReporters and Presidential Candidate, African Action Congress (AAC) in the February 2019 general elections, was arrested in the early hours of August 4 by the operatives of the DSS in a hotel in Lagos.
He was therefater moved to Abuja.
The state agency said Sowore was arrested on account of the #RevolutionNow protest which he had spearheaded.
Aside the allegation of treasonable felony against Sowore, the DSS also alleged that Sowore conspired with the leader of the outlawed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to overthrow the government of President Muhammadu Buhari.
However, in a motion on notice, brought pursuant to sections 6 (6) (B), 35 and 36(4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, section 293 of the Administration of Criminal Justice Act, 2015 and under the jurisdiction of the court, Sowore asked the court to vacate the order on the grounds that the order was made in violation of his full rights.
The motion filed on August 9 by the human rights lawyer, Femi Falana, SAN, was predicated on 18 grounds and supported by a 24 paragraphs affidavit deposed to by one Marshall Abubakar.
Falana had, on August 22, stormed Court 10 to seek for a date for the hearing of the application.
The lawyer had expressed displeasure over the court’s delay in hearing the motion.
Earlier, at least forty-eight rights and press freedom organisations petitioned the United Nations (UN) and the African Union (AU) over the detention of Sowore.