The Federal High Court in Abuja on Wednesday rejected an attempt by Omoyele Sowore, publisher of Sahara Reporters, to introduce an uncertified document as evidence in his ongoing criminal defamation trial.
Justice Mohammed Umar declined to admit the document after Sowore’s counsel, Adeyinka Olumide-Fusika, SAN, sought to tender it through the third defence witness, Wayne Chikezie Elijah.
Sowore is facing charges brought by the Department of State Services over allegations of criminal defamation, cyberstalking and incitement.
The case arose from social media posts in which Sowore allegedly referred to President Bola Tinubu as “a criminal” on X and Facebook.
During Wednesday’s proceedings, Elijah told the court that he had been part of Sowore’s previous legal team and had received certain court documents from the prosecution on behalf of the defendant.
When Olumide-Fusika asked him to produce one of the documents, Elijah presented a copy, which the defence subsequently sought to tender as evidence.
Prosecution counsel Akinlolu Kehinde, SAN, objected to its admissibility, arguing that the document was a court record and could only be accepted in its original form or as a certified true copy.
Kehinde maintained that the document presented by the defence was merely a photocopy and therefore did not meet the legal requirements for admission.
Olumide-Fusika argued that certification was unnecessary because the document had originally emanated from the prosecution.
Justice Umar, however, rejected that argument, noting that the document had been kept in the custody of a former counsel involved in the case.
The judge said certification was necessary to assure the court that the document had not been altered while outside official custody.
The court consequently rejected the document and marked it accordingly.
During cross-examination, Elijah also confirmed that he had been around the courtroom while an earlier defence witness was giving evidence.
He explained that he had moved in and out of the courtroom during the testimony, adding that the court’s CCTV footage could verify his movements.
Earlier in the proceedings, a Department of State Services official, Uwem Davies, appeared as the second defence witness after being subpoenaed by Sowore’s legal team.
Davies identified himself as the Principal Officer for General Services at the DSS and said he appeared in court at the defendant’s request.
He confirmed that, acting on the instructions of the DSS Director-General, he wrote a letter asking Sowore to remove a social media post concerning President Tinubu because the post was allegedly generating public tension.
According to Davies, the letter he personally wrote requesting the removal of the post was dated January 22.
When presented with another letter dated September 7, 2025, and addressed to the Managing Director and Chief Executive Officer of Meta, Davies said the document carried his name but was not written by him.
He told the court that a former colleague in the same department, identified as B. Bamigboye, had since retired from the DSS.
Davies also said he had no direct interaction with Sowore before writing the letter requesting the retraction of the social media post.
He explained that he acted strictly on instructions from the DSS Director-General.
Asked whether he or the DSS chief supported President Tinubu, following claims that the post had angered some of the president’s supporters, Davies said he could not answer in that regard.
He further said he did not personally speak with any of Tinubu’s supporters before sending the letter to Sowore.
Following the testimony, Olumide-Fusika indicated that the defence could seek to subpoena the DSS Director-General over issues the witness was unable to clarify.
Under cross-examination by the prosecution, Davies maintained that all his actions connected with the case were carried out in his official capacity as a DSS employee.
He also confirmed that a subpoena initially served on the DSS was forwarded to him in his official role.
Davies told the court that Bamigboye had authored a separate letter addressed to the Chairman and Chief Executive Officer of X Corp on behalf of the DSS Director-General.
He said the letter was written as part of Bamigboye’s official duties and that he had a copy in his possession.
Kehinde subsequently sought to tender two related documents, but the defence objected to the application, and Justice Umar upheld the objection.
Olumide-Fusika told the court that the defence intended to call about 20 witnesses but requested an adjournment to prepare an application seeking a subpoena for the DSS Director-General.
The senior lawyer also disclosed that he had requested a subpoena for presidential spokesman Bayo Onanuga.
He said, however, that the court bailiff had been unable to serve Onanuga with the court process.
Justice Umar adjourned the case until July 28 for the continuation of the defence.
