Omoyele Sowore, convener of #RevolutionNow protest, says the Department of State Services (DSS) is not empowered to prosecute him on terrorism charges.
Sowore said this in response to a submission made by the secret police.
The DSS had asked the court to determine if it was right to file terrorism charge against the activist and whether it was right to for it to seek an ex parte motion for the detention of Sowore.
Sowore has been in detention since August 3. He was arrested on the eve of a nationwide protest.
After his arrest, the secret police are charged him with terrorism.
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 in the response deposed by one Abubakar Marshal.
“In any case the motion ex parte herein was filed by the SSS and not DSS. As far as the law is concerned the applicant/respondent (DSS) have no power to substitute for the DSS.
“Furthermore, the state security service established pursuant to section 2 of the National Security Agencies act has not empowered to arrest, investigate and prosecute the respondent/applicant or any person.
“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.”
Sowore said the use of the word “revolution” is not a criminal offence in Nigeria.
“Since a revolutionary change of government requires the complete overhaul of the legal and social order the August 5 protest is not a revolution in the eye of the law,” he said.