The motion was thrown out by Justice Obiora Egwuatu on Tuesday following its dramatic withdrawal by counsel to DSS, Mr Idowu Awo.
At the resumption of the hearing, when the motion was to be heard, the DSS lawyer announced to the court his decision not to go ahead with the matter.
The counsel informed the court that he had filed a notice of appeal against the bail granted to the four out of the 12 detainees and that he would prefer to pursue the appeal at the Court of Appeal.
Justice Egwuatu subsequently struck out the motion following the no objection by the detainee’s lawyer, Mr Sunday Adebayo.
Counsel to the detainees, Sunday Adeyemi said for other eight respondents, their release order had been signed by the court and in the process of perfection for their release.
Justice Egwuatu had granted bail to 12 of Sunday Igboho’s associates held in custody since July 2, 2021.
The court in it earlier judgement held that there was no charge against the applicants. It, however, admitted four of the applicant’s bail in the sum of N 10 million each with two sureties in like sum, while the remaining eight were granted bail in the sum of N5 million with one surety each.
The four applicants who were granted N10 million bail are; Amudat Babatunde (AKA Lady K), Okoyemi Tajudeen, Abideen Shittu awhoamiu Oyetunji.
The others admitted to N5 million bail are; Abdulateef Onaolapo, Tajudeen Erinoye, Diekola Jubril, Ayobami Donald, Uthman Adelabu, Oluwafemi Kunle, Raji Kazeem and Bamidele Sunday.
One of the sureties the court held must be an employee of the federal government at grade level 12 and above.
The sureties who must be residents in Abuja and have properties must swear to an affidavit of means.
The judge also ordered that residents’ deeds of the said property must be verified by the court registrar and the DSS in addition to evidence of three years of tax payment.
The sureties are also to submit all travel documents to the court.
Meanwhile, the four applicants were also ordered to report to the DSS on the first Monday of every month for the next three months.
Egwuatu in addition had held that the four applicants should remain in the custody of the DSS pending the perfection of their bail.
This comes a few days after the court awarded the sum of N50,000 against the Attorney-General of the Federation (AGF), Abubakar Malami, and also extended an order restraining the DSS from arresting Sunday Igboho.