Sowore Challenges Powers Of DSS To Arrest, Prosecute Him In Court 'The fact that the SSS and DSS are used interchangeably in Nigeria has not conferred a legal status on the DSS.'
“Where a person is arrested under reasonable suspicion of having committed any offence under this Act, the relevant law enforcement or security officer may direct that the person arrested be detained in custody for a period not exceeding forty-eight hours from his arrest, without having access to – any person other than a medical officer of the relevant law enforcement or security agency or his counsel; or any phone or communication gadget.
“stated that they have both agreed on the strategy to achieve their goal of changing the government through violence” 2.14 It is well established law that the courts will construe a legislation affecting the personal liberty of a citizen strictly and scrupulously. InNPILR 154, the Applicant was arrested on May 19, 1992 at his house in Lagos. When the applicant challenged his detention the Respondent produced a detention order dated May 20, 1992. Notwithstanding the ouster of court’s jurisdiction, the Lagos State High Court entertained the matter on the ground that the detention of the Applicant was faulty.
2.16 In addressing issue two the Applicant / Respondent has submitted that “it is crystal clear that an application under the TPAA for a detention is by way of ex parte.” With profound respect, the Applicant / Respondent has not responded to our submissions that the ex parte order ought to have been sought and obtained before arresting and detaining the Respondent. Hence Section 27 of the TPPA provides that the detention Order shall be used to execute the arrest of a suspect.
That the Respondent / Applicant’s statement that members of the proscribed Islamic movement in Nigeria would join him in bringing down the Government “shows that he is an accessory to act of terrorism under the Terrorism Amendment Act”.
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