Omoyele Sowore

Justice Mohammed Umar, in a ruling, also ordered Sowore, the sole defendant in the case, to enter his defence.

Reports that Sowore is being prosecuted by the Department of State Services (DSS) for allegedly making false claims against the person of President Bola Tinubu.

The defendant, in a post he made on his “X” and Facebook accounts, had allegedly referred to the president as “a criminal.”

At the conclusion of the prosecution’s case, rather than proceeding to conduct his defence, Sowore opted to make a no-case submission.

Sowore, through his lawyer, Marshall Abubakar, argued among others, that no prima facie case was made against him to warrant his being called upon to enter a defence.

Delivering the ruling on Friday, Justice Umar dismissed Sowore’s no-case submission and upheld the argument by lawyer to the DSS, Akinlolu Kehinde, SAN, that a prima facie case had been established against him to warrant his being called upon to enter a defence.

The judge, therefore, ordered him to enter his defence against the case already made out against him by the prosecution.

Shortly after the ruling, and following an oral application by Sowore’s lawyer, Abubakar, the judge granted audience to the defendant.

While addressing the court, Sowore accused the judge of being bias, alleged that the judge humiliated his lawyer by ordering him to kneel down during one of the court’s sittings.

Sowore said he was not sure he would get justice in the court and asked the judge to recuse himself from the case.

Marshall, who spoke afterwards, re-echoed what his client said and asked the judge to recuse himself.

Responding, the prosecuting lawyer, Kehinde, disagreed with the defence oral application, arguing that such plea could only be made via a formal written application.

Ruling, Justice Umar ordered Abubakar to file a formal application, which he must serve on the prosecution, stating reasons why the judge should recuse himself from the case.

The judge subsequently adjourned the matter untill May 19 for hearing.(NAN)

Justice Mohammed Umar, who issued the threat, also said he would issued an arrest warrant for his forceful production should he fail to attend court on the next adjourned date.

Justice Umar gave the warning following an application by lawyer to the Department of State Services (DSS), Akinlolu Kehinde, SAN.

Kehinde had observed that Sowore chose not to attend court despite evidence that he was served with hearing notice through his team of lawyers.

Reports that Sowore, also a politician, is being prosecuted by the DSS for allegedly making false claim against the person of Present Bola Tinubu by referring to him as “a criminal” in a post he made on his “X” and Facebook accounts.

When the case was called on Thursday, neither Sowore nor any of his team of lawyers was in court.

Reacting to the development, Kehinde said that the business of the day was for the defence to conclude his cross examination of the first prosecution witness.

The prosecuting lawyer said he confirmed from the court’s registry that hearing notice was served on the defendant through his lawyers, just as the prosecution was also served.

The senior lawyer said there was no reason given by the defendant for his absent in court.

He equally said that no reason was given by his lawyers, who are about 30 in number, why they were not in court.

Citing the provision of Section 352(1)&(2) of the Administration of Criminal Justice Act (ACJA), 2015, Kehinde prayed the court to among others, order the revocation of the bail granted the defendant and issue a bench warrant against him for his immediate production in court to face his trial.

Ruling, Justice Umar, who confirmed that Sowore was duly served with hearing notice through his lawyers, however noted that the defendant had always attended court since the case began late last year.

The judge also noted that past adjournments granted in the case had been at the instance of both the prosecution and the defence.

He said the defendant should be given the benefit of the doubt since it was his first time of being absent in his trial.

Justice Umar, however, said should Sowore fail to attend court on the next date, he would not hesitate to grant the prosecution’s request that the defendant’s bail be revoked and arrest warrant issued against him.

The judge then adjourned the matter untill March 16 for continuation of trial.

He also ordered that hearing notice be further issued on the defence.(NAN)

The video recording was played while DSS lawyer, Akinlolu Kehinde, SAN, led Cyril Nosike, the 1st prosecution witness (PW-1) and an operative of the service, in evidence before Justice Mohammed Umar of the Federal High Court in Abuja.

The prosecution also tendered Sowore’s message which he posted through his X handle and Meta, formerly known as Facebook, where he referred to the president as “criminal” and the reactions that followed, including a certificate of compliance.

Justice Umar admitted them in evidence and marked them as exhibits after counsel for the defendant, Marshal Abubakar, reserved his objection until final written addresses stage.

After the evidence-in-chief of the PW-1, Abubakar sought an adjournment to enable them study the witness’ statement and other documents front-loaded to them.

The judge adjourned the matter until Jan. 27 for cross-examination of the PW-1 and continuation hearing.

Reports that, in the amended charge, marked: FHC/ABJ/CR/484/2025 and filed on Dec. 5, Sowore is named as sole defendant.

Although Sowore, X Incorp (formerly Twitter) and Meta (Facebook) Incorp were named in the earlier charge as 1st, 2nd and 3rd defendants respectively, in the amended charge, the names of 2nd and 3rd defendants were dropped.