In response to the issues formulated by the DSS, the #RevolutionNow convener said:
“although the DSS is mentioned in the terrorism act, “it is not juristic person having not been created by an act of the national assembly.” “The fact the SSS and DSS are used interchangeably in Nigeria has not conferred a legal status on the DSS,” Sowore said.
Speaking further Sowore said:
“Unlike the Nigeria Police Force, the Independent and Corrupt Practices and Other Related Offences Commission, and the Financial Crimes Commission etc which are clothed with powers to arrest, detain and prosecute suspects the applicant/respondent has not been so empowered to arrest, investigate and prosecute any person.”
Naija News understands that the DSS had asked the court to determine if it was right to file terrorism charge against the activist.
Meanwhile, the lawyer to the detained activist, Mr. Femi Falana (SAN), in his submission, to the request, said the Department of State Services (DSS) lacks the power to arrest, investigate and prosecute his client or any person whatsoever under the Terrorism Prevention Act as amended.
Assuming without conceding that the applicant /respondent has the power to operate as a law enforcement agency under the law, we submit that Section 27 (3) of the Terrorism Prevention Amendment Act, 2013 clearly provides that the ex parte order by a Judge under subsection 1 thereof shall authorise an officer to arrest a suspect. In other words, the ex parte order is like a warrant of arrest. But in this case, the applicant/respondent arrested the respondent/applicant without a warrant of arrest, detain him for six days before obtaining an order ex parte on August 8, 2019.
“In the reply to counter-affidavit the respondent/applicant has said that the officers of the applicant/respondent did not obtain any order of this Honourable Court before searching his abode and before subjecting him to investigation and seizing his telephones. We submit that the said search and investigation are illegal as they violate Section 24 of the Act”, Falana submitted.