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A Federal High Court in Abuja has ordered the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, to open his defence in an ongoing criminal defamation case involving President Bola Tinubu.
Justice Mohammed Umar gave the order on Thursday after rejecting a request by Sowore’s lawyer, Marshall Abubakar, to adjourn the case until after the court’s upcoming vacation. The judge directed that the matter continue on a day-to-day basis in line with the Administration of Criminal Justice Act and fixed Friday, June 5, for Sowore to begin presenting his defence.
Sowore is being prosecuted by the Department of State Services (DSS) over allegations that he made defamatory statements about President Tinubu on his X and Facebook accounts, where he allegedly described the President as “a criminal.”
During Thursday’s hearing, prosecuting counsel, Akinlolu Kehinde (SAN), informed the court that Sowore had earlier written to the Chief Judge of the Federal High Court seeking the reassignment of the case to another judge.
Kehinde said the Chief Judge declined the request and directed the trial court to continue hearing the matter. He therefore asked the court to order the defendant to enter his defence.
However, Sowore’s lawyer argued that part of the Chief Judge’s response suggested that a formal application could be filed to address the issue in open court. He also sought an adjournment, saying his client needed time to prepare and participate in future political activities.
Opposing the request, Kehinde said the Chief Judge’s letter did not direct Sowore to file any application for recusal.
“The letter from the Chief Judge of this court did not ask the defendant or his counsel to file an application for recusal,” Kehinde told the court.
After reviewing the letter, Justice Umar agreed with the prosecution’s position.
“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. This can be done anytime before judgment,” the judge ruled.
The judge held that the case had reached the defence stage and ordered Sowore to proceed accordingly. Following the ruling, Sowore’s lawyer again requested an adjournment, but the prosecution objected, insisting that the law required the defence to continue immediately.
“There is no room for dilatory practice for a defendant facing a criminal trial,” Kehinde said.
Justice Umar subsequently adjourned the matter until June 5, when Sowore is expected to formally begin his defence.
