Omoyele Sowore, the Convener of #RevolutionNow, has been granted bail by a Federal High Court in Abuja, the federal capital.
The court ordered his release to Femi Falana, his counsel, and asked that he deposit his international passport with the court registry within 48 hours.
The Judge, Taiwo Taiwo, while delivering a ruling on Tuesday said there was no longer a subsisting order holding the publisher of SaharaReporters in detention.
G Agbadua, counsel to the DSS, during the proceedings, argued against releasing Sowore on bail.
The lawyer said the charges against the SaharaReporters publisher “are a capital offence punishable by death” and that granting bail should be done “under exceptional circumstances”.
“Interestingly, the learned silk said the respondent have been charged to court for treason and treasonable felony,” he said.
“My lord, the offence is a capital offence and by the provision of the ACJA section 161, it is an offence that is punishable by death – granting bail (is done) under exceptional circumstances.
“It is our submission, that for the interest of justice and national security, this court makes an order that bail or otherwise of the respondent be determined by the court.”
But Falana, Sowore’s lawyer, said the DSS lawyer was misleading the court by saying that treasonable felony is a capital offence.
Citing MKO Abiola versus FRN 1995, Falana argued that the then presidential candidate was granted bail after he was charged with a treasonable felony.
“He cannot urge your lordship to further a citizen in anticipation of the arraignment. By virtue of section 40 of the terrorism prevention act, the SSS is not empowered to detain anyone,” the counsel said.