The Federal High Court sitting in Abuja on Tuesday struck out the application by the Department of Social Security (DSS) to further detain the publisher of SaharaReporters and convener of RevolutionNow, Omoyele Sowore.
This follows the withdrawal of the application by the state counsel.
Sowore’s lawyer, Femi Falana, persuaded the court to order immediate release of his client as the prosecutor is no longer interested to detain him further
Counsel to the DSS, however, challenged the oral application for release saying that a formal suit has been filed where Sowore is being accused of treasonable felony which is a capital offence.
Sowore was arrested on August 3rd, two days before a rally tagged Revolutionnow for allegedly plotting to overthrow an elected government.
Mr Falana urged the court to disregard the submission of the prosecutor asking that his client is released since order for the 45 days detention has expired.
He applied for the release of the applicant in line with section 35 of the constitution which stipulates that a citizen of Nigeria can only be detained in accordance with the order of the court .