Abubakar Malami, attorney-general of the federation (AGF), says his office cannot take any decision on the release of Omoyele Sowore.
Malami had on Friday taken over Sowore’s case from the Department of State Services (DSS), saying this is to ensure speedy dispensation of justice.
Following the development, Femi Falana, a senior advocate of Nigeria (SAN) and counsel to Sowore, had asked him to use his office to secure Sowore’s release.
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But the AGF said Sowore’s release is not a unilateral decision he could take, adding that it has to do with the court and the rule of law.
Malami said this in a statement Umar Gwandu, his media aide, issued on his behalf on Monday.
“When parties submit their issues for determination to a court of law, they lack exclusivity of decision over such issues without recourse to the court. We remain guided by the established tradition and will not take unilateral decision without recourse to the rule of law,” the statement read.
Sowore, convener of Revolution Now Movement, was arrested in August for planning a nationwide protest.
Despite court orders granting him bail twice, the activist has been denied freedom.
He was briefly released after 124 days in detention but rearrested less than 24 hours after and he has been in DSS custody since then.