Justice Taiwo Taiwo of the Federal High Court in Abuja has ordered the Department of State Services (DSS) to release Omoyele Sowore after nearly two months in detention.
Sowore was arrested by the DSS on August 3 for calling for nationwide protests, tagged RevolutionNow, against the President Muhammadu Buhari-led government.
On August 8, Justice Taiwo granted the DSS' ex-parte motion to keep Sowore for 45 days while the agency concluded its investigations.
The DSS filed the motion under Section 27 of the Terrorism Prevention Act, and accused the Sahara Reporters founder of plotting with foreign interests to overthrow the Buhari government that was re-elected in February.
Sowore challenged the court's decision last month, but Justice Evelyn Maha, also of the Abuja Federal High Court, declined to hear his application, saying it would amount to sitting on an appeal over a ruling by a court of coordinate jurisdiction.
Sowore then filed a fresh bail application in court on September 13, but this was withdrawn during court proceedings on Tuesday, September 24.
Since the previous 45 days granted the DSS to hold Sowore has expired, his counsel, Femi Falana, asked the court to order his client's release.
While ruling on Tuesday, Justice Taiwo struck out an application by the DSS to continue to keep Sowore in detention pending his arraignment in court.
Last week, the FG filed seven counts of treasonable felony and money laundering against Sowore.
Due to the pending arraignment, Justice Taiwo asked Sowore to deposit his passport and other travel documents to the court to ensure his availability for trial.