The continued detention of the presidential candidate of the Action Alliance, Mr. Omoyele Sowore, by the Department of State Security (DSS) despite the clear court order of Tuesday, September 24, 2019 by the Federal High Court sitting in Abuja, is illegal. This is the position of eminent lawyer and activist Ebun-olu Adegboruwa, SAN, who demanded his immediate release in a statement issued on Friday morning in Lagos.

“Ours is a constitutional democracy, founded upon the concept of the rule of law, which prescribes unconditional respect to all orders of the court. The DSS has not appealed against the order of the Federal High Court admitting Sowore on bail pending his trial, if any. That imposed on it a compulsory obligation to comply with the said order, willy nilly,” Adegboruwa said.

According to him, “Indeed, it was upon the order of court that the DSS kept Sowore in custody in the first place and if the same court has now ordered his release, there can be no justification for his continued detention. When government and its agencies refuse to obey lawful orders of court, society descends into the Hobbesian state where life becomes brutish and short and thus encouraging citizens to resort to lawlessness.”

Continuing, Adegboruwa said: “Under and by virtue of section 287 (3) of the 1999 Constitution, “the decisions of the Federal High Court ... shall be enforced in any part of the Federation by all authorities and persons ...”. To that extent, there can be no justification whatsoever, for the continued detention of Sowore by the DSS, especially as it is not contesting the order of court.

“This is why the continued detention of Mr Sowore by the DSS, is illegal. The claim that it has not been notified with the said order cannot stand, as its counsel was present in court when the order was made.

“Based upon all the foregoing, I call on the Director of DSS to forthwith comply with the order of court by releasing Mr Sowore to his lawyers immediately.”

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