A 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, and noted that the ruling of the vacation judge stated the matter would be held 45 days September 21.
Resultantly, some topless women took to the street to protest the continued detention of pro-democracy activist, Omoyele Sowore.
The elderly women from the home town of Sowore in Kiribo, Ondo State, went topless and carried different placards asking for the release of Sowore on Friday.
Sowore was arrested in Lagos on August 3 by personnel of the Department of State Services for calling on Nigerians to pour out to the streets and express their anger at the poor state of governance in the country.
The Nigerian Government accused him of planning to topple the administration of President Muhammadu Buhari and has refused to free him despite growing calls for his release.
On Wednesday, an Abuja division of the Federal High Court failed to hear the appeal filed by Sowore, contending his incarceration.
The presiding judge said she lacked jurisdiction to entertain the suit until the expiration of the 45 days granted by Justice Taiwo Taiwo for the DSS to keep him