Fidelia Soriwei, Abuja
A Federal High Court in Abuja has directed the publisher of Sahara Reporters and African Action Congress presidential candidate, Omoyele Sowore, to commence his defence in an ongoing criminal defamation case linked to alleged remarks about President Bola Tinubu.
Justice Mohammed Umar issued the order on Thursday after dismissing a request by Sowore’s lawyer, Marshall Abubakar, to postpone proceedings until after the court’s annual vacation.
The judge subsequently ruled that the matter should continue on a day-to-day basis in line with the Administration of Criminal Justice Act and fixed Friday, June 5, for the defendant to open his defence.
The case stems from allegations by the Department of State Services that Sowore published defamatory statements on his X and Facebook accounts, in which he allegedly referred to President Tinubu as “a criminal.”
At the hearing, prosecution counsel, Akinlolu Kehinde (SAN), informed the court that the matter had earlier been adjourned to allow consideration of a petition submitted by the defendant to the Chief Judge, seeking the reassignment of the case to another judge.
Kehinde said the Chief Judge, in a response dated May 22 and served on parties on May 26, rejected the request and directed that the trial should continue before the current court.
He urged the court to proceed to the defence stage.
However, Abubakar argued that part of the Chief Judge’s correspondence suggested his client could file a formal application for the issue to be addressed in open court.
He also sought an adjournment until after the court vacation, citing Sowore’s political activities ahead of the next presidential election.
Opposing the request, Kehinde maintained that the Chief Judge’s response contained no instruction requiring a recusal application and argued that the criminal trial was unrelated to any political ambition.
“The letter from the Chief Judge of this court did not ask the defendant or his counsel to file an application for recusal. So, it is disingenuous for counsel to read into the letter an interpretation that the Chief Judge did not include,” Kehinde said.
After reviewing the correspondence, Justice Umar agreed with the prosecution’s position and ruled that the defence had misinterpreted its contents.
“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 held that the case had progressed to the stage where the defendant was required to present his defence and ordered him to proceed accordingly.
Following the ruling, Abubakar renewed his plea for an adjournment, but the prosecution objected, insisting that the law required the defence to continue immediately.
“The law is that the defendant shall proceed with his defence. There is no option. We are ready. There is no room for dilatory practice for a defendant facing a criminal trial,” Kehinde said.
He added that, “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.”
Justice Umar thereafter adjourned the matter to June 5 for Sowore to formally begin his defence.
