Social commentator and member of the legal team of incarcerated Publisher of SaharaReporters, Abdul Mahmud says the State Security Service also known as the Directorate of the Security Service ought to have release Omoyele Sowore.
Mahmud said the SSS have nothing to do with the SaharaReporters Publisher sureties.
He said this in a series of tweets on his official twitter handle.
Recall that Sowore was arrested in the early hours of Saturday, August 3, 2019, after announcing his plan to stage a nationwide protest tagged #RevolutionNow.
Sowore was subsequently flown to Abuja where he has been detained.
The refusal of the DSS to release Sowore as ordered by the court, has prompted nationwide outrage and protests at the agency’s headquarters.
The DSS on Tuesday, November 12, assaulted some protesters who were demanding Sowore’s release.
According to him, Once the release order is served with a production warrant by the bailiffs of court, the SSS have only one duty to perform: release the accused person to the officials of Court.
He saud, As a counsel involved in Sowore’s trial, to show that the SSS have gone rogue. No more. No less.
“1. When given bail, is it usual to be handed over only to your sureties?”
“Ans: No sir. The conditions in which bail is granted are set out in Supreme Court decisions as Bamaiyi v State; Asari-Dokubo v FRN; and Adamu Suleiman v ComPol Plateau State
When a court grants bail, having heard arguments of prosecution and defendant, and cognizes the conditions, ranging from nature of charge to likelihood of accused jumping bail, all conditions posted to the bail bond are verified by the Registrar of Court.”
“In Sowore’s, the sureties were presented before court and all postings to the bail bond verified before the judge duly signed off her release order. The SSS through its lawyers led by Liman SAN are aware of this.”
“Once the release order is served with a production warrant by the bailiffs of court, the SSS have only one duty to perform: release the accused person to the officials of Court (and the accused lawyers who usually accompany them).”
“It is the time-honoured practice consistent with our laws. This is what happened when I was release from Kirikiri Prison on May 29, 1991. The prison officials didn’t insist to see the SSS that was the arresting authority. My order of release sufficed.”
“A detaining authority can only insist on seeing sureties if the accused is granted administrative bail by selfsame detaining authority. In any case, administrative bail can only be granted when the detaining authority sees and process the sureties korokoro: eye- to – eye.”
“2. If so, why don’t his sureties just go & collect him?”
“Ans: The sureties in fact and in law have nothing to do with the SSS. The sureties having satisfied the court & the law by surrendering what the court asked of them, the duty to admit to bail falls on the court.”
“The SSS have constituted itself into an appellate court to review the order of a competent court. This is unheard of, even in a military dictatorship..”
“3. If not, why don’t his lawyers apply for a writ of habeas corpus and have him walk away from court?”
“Ans: There’s no need to apply for a writ of habeas corpus. It’ll be an abuse of process. We know where our client is, we know who is illegally detaining him.”
“What’s left for us is to undertake all that is necessary under the Sheriff and Civil Process Act and cite the DG SSS for contempt of court vide forms 48 and 49. We are doing that.”
“All lovers of freedom and constitutionalism must continue to demand that the SSS respect our constitution.”