A Federal High Court in Abuja has ordered the Department of State Service (DSS) to release Mr. Omoyele Sowore, and his co-defendant, Olawale Bakare, within the next 24hours.
Justice Ijeoma Ojukwu gave the order at the scheduled commencement of the defendants’ trial on charges of treasonable felony.
According to Justice Ojukwu, the DSS had no justifiable reason to continue to hold the defendants in custody, after she signed the warrants for the release of the defendants from custody.
The prosecuting counsel, Hassan Liman (SAN), had insisted that the DSS did not refuse to comply with the order of the court.
He insisted that no order of the court has been violated, adding that none will be violated.
According to him, the prosecution don’t even want the defendants in their custody.
The trial judge Justice Ijeoma Ojukwu asked him why have they not been released, a question which left him tongue-tied.
She insisted that she signed the bail order and she does not understand why it has not been complied with.
Justice Ojukwu said the matter will not continue, adding that since today’s matter is adjourned at their instance she will award a cost of 100000 against the prosecution.
“The failure of the prosecution to carry out the order of the court to serve the defence and in view if this adjournment is at the instance of the prosecution and in view of section 396 of ACJA, I will award the cost of 100,000 against the prosecution and in view of the refusal of the prosecution to release the defendant this court will give the prosecution the next 24 hours to comply with the order of court,” She said.
Justice Ojukwu insisted that the law cannot change for anybody and all must respect the law.
The case has been adjourned to the 6th of December for a report on the court’s order.