The Federal High Court in Abuja on Thursday declined an application by the publisher of Sahara Reporters, Omoyele Sowore, seeking to adjourn his ongoing trial until after the court’s forthcoming vacation.
Justice Mohammed Umar, in a ruling, rejected the request made by Sowore’s counsel, Marshall Abubakar, and ordered the defendant to commence his defence on June 5.
The judge further directed that subsequent proceedings in the case be conducted on a day-to-day basis.
Our correspondence reports that Sowore is being prosecuted by the Department of State Services (DSS) over allegations of cyberbullying and making false claims against President Bola Tinubu through posts published on his X and Facebook accounts, in which he allegedly referred to the President as “a criminal.”
At the resumed hearing, counsel to the DSS, Mr Akinlolu Kehinde (SAN), informed the court that the matter had been scheduled for June 4 to receive the response of the Chief Judge to a letter written by Sowore on May 19, requesting that the case be reassigned to another judge.
Kehinde stated that he was served on May 26 with the Chief Judge’s response, dated May 22, in which the request was declined and the trial court was directed to continue hearing the matter.
He subsequently urged the court to order the defendant to open his defence.
In response, Abubakar argued that part of the Chief Judge’s letter allowed the defence to file a formal application for the issue to be addressed in open court.
He also requested that the matter be adjourned until after the court’s vacation, citing Sowore’s political activities and preparations ahead of the 2027 presidential election.
However, Kehinde opposed the application, describing the defence’s interpretation of the Chief Judge’s letter as misleading.
“The letter from the Chief Judge did not direct the defendant or his counsel to file an application for recusal.
“It is disingenuous to read into the letter an interpretation that is not contained in it,” he argued.
Following submissions from both parties, Justice Umar requested and reviewed the Chief Judge’s letter before ruling on the matter.
The judge held that the defence’s interpretation was incorrect.
“From the content of the letter, there is nowhere the defendant is asked to file an application before this court.
“This court is not denying the defendant the right to file any application. That can be done at any time before judgment,” Justice Umar said.
He noted that the case had reached the stage where the defendant was required to present his defence and accordingly ordered Sowore to proceed.
The court also directed that the trial continue on a daily basis in line with the provisions of the Administration of Criminal Justice Act (ACJA), 2015.
Following the ruling, Abubakar again sought an adjournment until after the court’s vacation to enable the defence prepare its case.
Kehinde objected, insisting that the law required the defence to proceed immediately.
“The law is clear that the defendant shall proceed with his defence. There is no option.
“We are ready. There is no room for dilatory tactics in a criminal trial,” he said.
He added that the defence either proceeds with its case or risks being foreclosed from presenting a defence.
“The option left at this point is for the defence to continue or simply be foreclosed. It is either they continue or they are foreclosed,” Kehinde argued.
Justice Umar subsequently adjourned the matter until June 5 for Sowore to open his defence.
