Femi Falana, a Human rights activist and Omoyele Sowore's
lawyer has countered the Department of State Services (DSS) claim of not
receiving a court order to release the "Revolution Now" convener.
Punch reported that DSS spokesperson Peter Afunaya, said
they were yet to receive the court order for Mr Sowore’s release in a statement
he released which was authorised by the Director-General of the agency, Yusuf
Bichi.
“We have not received
the court order. And his (Sowore’s) counsel is a very senior member of the bar
and he knows the process to follow,” Mr Afunaya said.
When asked again if
they have received the court papers in a telephone interview with Premium
Times, the DSS spokesperson said “No we haven’t, thank you.”
Mr Falana however
countered the claim by stating that he personally served the secret police the
order and the notice of compliance by his client. He further said they were not
directed by the court to serve any notice to the DSS but he did that for
avoidance of doubt.
“First of all, their
lawyer was in court. And he heard the order when it was made. As a legal
practitioner, he had an obligation to inform his client. Secondly, since Sowore
was to be released to me, I have been going to the SSS office personally since
Tuesday.
“We were not directed to serve them. But we did that for the
avoidance of doubt. We submitted his passports, got the affidavit of compliance
and I personally served them. I also sent the copies to the SSS DG through his
phone line, because I have his personal phone line.
“We were there for hours. The head of the legal department
pleaded with me to return today (Thursday). When I returned, they locked the
SSS gates against me,” Mr Falana said.
The Senior Advocate
of Nigeria added that if the DSS is truly a law abiding institution, they would
have sent their lawyers to verify if the Federal High Court ordered the release
of Omoyele Sowore following report of its refusal to obey court orders in local
and international media.
“I’m not sure the
person who is making this statement has the authorisation of his principals. We
have filed the form 48 regarding the contempt of court. And in that form, the
court order was also included.
“The SSS has a duty to comply with this order and not only
this one, but every other order regarding the liberty of Nigerians, because
this is a constitutional democracy,” Mr Falana said.
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