Justice Taiwo Taiwo of the Federal High Court, Abuja yesterday granted the prayer of the Department of State Services (DSS) to detain the convener of #RevolutionNow protests, Mr. Omoyele Sowore.
The DSS had on August 6 through an ex-parte application sought an order of court to detain Sowore for a period of 90 days to enable them conclude their investigation of alleged act of treason and terrorism.
Ruling on the application, the judge granted the agency permission to hold him for only 45 days which started counting yesterday and elapses on September 21, the next adjourned date.
Besides, he said if at the end of the 45 days, investigation was yet to be concluded, the applicant could apply for a fresh order but must not keep him without an order of court.
The judge held that the court has the jurisdiction to grant the request, adding that section 27 of the Terrorism Prevention Amendment Act under which the motion was brought empowers him to do so.
He said after consideration of the arguments canvassed by the DSS’ lawyer, Mr. Godwin Agbadua, he came to the conclusion that there is an allegation of commission of crime by the respondent and that investigation was still ongoing.
He said he had watched the video clips attached to the application as exhibits, one of which was said to have shown a conference held by Sowore and the leader of the Indigenous People of Biafra, earlier proscribed by the Federal Government, Mr. Nnamdi Kanu.
The other, also a video clip, was said to have shown Sowore saying that members of the outlawed Islamic Movement in Nigeria (IMN) would join forces with him to bring down the Nigerian government.
The judge also said the use of the word, “may”, in section 27(1) of the Terrorism (Prevention) Amendment Act, “is directory,” robbing him of discretion to decline to grant the application.
“The word, ‘may’ is not always ‘may.’ Sometimes it is equivalent to ‘shall.’ See the PDP Vs Senator Ali Modu Sheriff.
“I am of the view that the use of the word ‘may’ in section 27(1) of the Terrorism (Prevention) Amendment Act 2013 is directory and not mandatory.
“I have looked at the facts presented by the applicant, I will fail in my duties if I do not act on those facts at least until the contrary is proved.
“I shall therefore grant the application only to the extent that the applicant shall detain the respondent for a period of 45 days, in the first instance, which may be renewed upon application by the applicant for further number of days if investigation is not concluded by the applicant within the 45 days granted by the court.
“The return date shall be 45 days from today, August 8, 2019. It therefore means that this suit is adjourned till September 21, 2019.”
