The federal high court sitting in Abuja has declined to hear the motion filed by Sowore as the court referred the matter back to the vacation judge Justice Taiwo Taiwo.
Justice Nkweonye Maha said she did not have the jurisdiction to review the decision by Justice Taiwo Taiwo. She noted that the ruling of the vacation judge stated the matter would be heard on September 21.
The judge said she had no authority to proceed or review the judgment of her colleagues and that she would like to preserve the order of the court.
In his argument Sowore's lawyer, Femi Falana, argued that in line with order 26 of the federal high court procedure stated that anybody who is affected by an ex parte order can approach the same court to set aside such order. See ONOGORUWA VS IGP.
He submitted that Sowore's application was bordered on a violation of human rights and the judge (Maha) had the right to hear and review the previous order.
Falana said the judge would do justice to the case by hearing it, adding that the applicant was unnecessarily being punished in detention. He, therefore, made an oral application for bail of the applicant.
But the judge held that the matter be referred to the vacation judge and said that there was nothing before her to grant the bail application.