The Federal High Court in Abuja has dismissed the no-case submission filed by Omoyele Sowore, the publisher of Sahara Reporters, in his ongoing trial for alleged cyberbullying.
In a ruling delivered on Friday, Justice Mohammed Umar also directed Sowore, the sole defendant in the case, to proceed with his defense.
Sowore is facing prosecution by the Department of State Services (DSS) for allegedly making false statements about President Bola Tinubu, accusing him of being a criminal in posts shared on his “X” and Facebook accounts.
At the end of the prosecution’s case, instead of proceeding with his defense, Sowore opted to submit that no case had been established against him. His lawyer, Marshall Abubakar, argued that no prima facie case was made, meaning there was no sufficient evidence to warrant Sowore being called to defend himself.
However, Justice Umar rejected the no-case submission and sided with the DSS’s counsel, Akinlolu Kehinde, SAN, who argued that there was enough evidence for the case to proceed. As a result, the judge ordered Sowore to enter his defense.
Following the ruling, Sowore, through his lawyer, Abubakar, made an oral application, accusing the judge of bias. He claimed that the judge had humiliated his lawyer by ordering him to kneel during a previous session. Sowore further expressed concerns about receiving justice in the case and requested that the judge recuse himself.
In response, Kehinde, the prosecuting lawyer, opposed the oral application, stating that such a request should be made in writing, not orally. Justice Umar then ruled that Abubakar must file a formal written application for the judge’s recusal, which would need to be served on the prosecution, explaining the reasons behind the request.
The judge adjourned the matter until May 19 for a hearing on the recusal application.
