53 days in detention, Falana, Sowore sues DSS DG for contempt of court
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Omoyele Sowore, through his legal team led by human right lawyer Mr Femi Falana has filed a contempt suit against the Director-General of the Department of State Service, (DSS) Yusuf Bichi, for allegedly disobeying a court order granting him bail.
Justice Taiwo Taiwo of the Federal High court in Abuja had on Tuesday granted bail to Mr. Sowore, who was arrested and detained by the DSS since August 3, 2019, on the allegation of calling for a “revolution” through the protest that was scheduled for September 5.
Ruling on the bail application filed by Mr. Sowore, the judge had dismissed DSS’ objection in granting him bail with the sole condition that he deposits his passport in the registry of the court, a condition which has been fulfilled since Wednesday, September 25, 2019.
In the bid to enforce the release order, the detained politician and publisher, who had spent over 50 days in the custody of the SSS filed form 48 against the SSS boss seeking his committal to jail unless he gives effect to the order of the court.
The form 48 otherwise known as contempt of court was filed at the Federal High Court pursuant to order ix, rule 1-3 of the judgment enforcement rules, section 72 of the Sheriff and Civil Process Act 2004 and under the inherent jurisdiction of the court.
Titled, Notice of Consequences of Disobedience to Order of Court’, the SSS boss in the contempt notice form was warned that unless he obeys the order of the Federal High Court delivered on September 24, ordering him to release Sowore in suit number FHC/ABJ/CS/915/2019, he will be guilty of contempt of court and will be liable to be committed to prison.
The contempt form notices further indicated that the court has been informed that as at today, September 26, the DG SSS was yet to comply with the lawful order by refusing to release Sowore from its custody.
The notice read in part: “Take notice that unless you obey the direction contained in the order of the Federal High Court of Justice, Abuja, delivered on September 24, 2019, which ordered you to release the applicant in suit number FHC/ABJ/CS/915/2019 forthwith, you will be guilty of contempt of court and will be liable to be committed to prison”.
“A copy of the said order of court earlier served on you is hereby annexed for your on-the-spot reference.
“This court has been informed that even as at today Thursday, September 26, 2019, you are yet to comply with the lawful order of the Federal High Court by refusing to release the applicant namely, Omoyele Sowore in your custody.
“You are hereby directed to comply with the court order forthwith or you will be guilty of contempt of court”.
The notice had been served on the SSS boss at the three-arm zone in Abuja on after all the necessary conditions have been fulfilled.
Justice Taiwo Taiwo had on Tuesday, September 24 ordered the immediate release of Sowore from SSS custody following the expiration of order of the court that Sowore should be detained for 45 days only.
Sowore was arrested on the 7th of August the eve to a planned protest he championed against some alleged bad policies of the government and the general bad governance in the country.
While the Federal Government charged him to court on the September 20, for conspiracy to commit treason, insulting the president and money laundering
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