Defamation Case: Court Threatens to Foreclose Sowore’s Defence

The Federal High Court in Abuja on Thursday threatened to foreclose the defence of Omoyele Sowore, publisher of Sahara Reporters, in the ongoing trial over alleged defamation.

Justice Mohammed Umar gave the warning after the Department of State Services (DSS)’s lawyer, Akinlolu Kehinde, SAN, made the oral application shortly after Sowore sought an adjournment over his lead counsel’s absence.

The  News Agency of Nigeria (NAN) reports that Sowore is also the presidential candidate of the African Action Congress (AAC).

He was alleged to have made false claims against the person of President Bola Tinubu by referring to him as “a criminal” in a post he made on his X and Facebook accounts.

Against this development, the DSS charged him with criminal defamation, cyberstalking and incitement.

When the case was called on Thursday, though Sowore was in court, no lawyer appeared for him.

“Where are your legal team?” Justice Umar asked.

Responding, Sowore said: “Unfortunately, my lead counsel, Mr Adeyinka Olumide-Fusika, SAN, travelled to the UK with the knowledge of the court.

“Olumide-Fusika advised me to inform the court that he will not be available for today’s hearing and he would like to handle this case because he is a skilful lawyer.”

He said, besides, the junior lawyer, Reuben Adakole, was in another jurisdiction.

“I think the business of today is continuation of defence. That is my first submission, my lord,” he said.

The judge then asked Sowore what he wanted.

“Do you want to proceed?” Justice Umar asked.

Responding, Sowore said, being a serious case, he would be asking for an adjournment.

“I will urge your lordship to adjourn the matter because it is a serious case and I will need a lawyer to defend me,” he said.

The defendant also begged the court to allow him make another application.

But the judge told Sowore that if he applied to make another application other than the issue of adjournment, that would mean that he had decided to represent himself in court.

“If you want to take up the case let us know.

“If you have any application to make, it means you are planning to defend yourself.

“If you are seeking an adjournment that your counsel is not in court, that will be considered after hearing from the prosecution.

“But if you are making an application, it means you are telling this court that you are taking over the defence on your own,” the judge said.

In his response, the DSS’s lawyer said that Sowore’s application for adjournment would be the 11th time the trial had been adjourned at the instance of the defence.

“With respect, this matter came up on July 13, 2027, and the defence counsel made an application for adjournment and the court adjourned to today because of the fact that their next set of witnesses are subpoenaed witnesses and your lordship signed the subpoena.

“This same excuse was given that the lead counsel was absent at the last adjourned date and this court said that the absence of lead counsel cannot stop this proceeding,” he said.

Kehinde also argued that there was a subsisting order of the court that the trial was to be conducted day-to-day.

He said today’s application made it 11 times the defence would be making such a request, contrary to the provisions of the Administration of Criminal Justice Act (ACJA), 2015.

The senior lawyer submitted that it was crystal clear that Sowore was not ready to proceed with his defence.

He, therefore, applied that his defence should be foreclosed.

“I urge your lordship, in the interest of justice which is a three-way traffic – justice for the prosecution, the defence and the society – to foreclose the defence and make a consequential order accordingly,” he applied.

Ruling, Justice Umar said he will give Sowore the last opportunity in the interest of fair hearing.

“I have heard the application of the defendant, seeking adjournment of the case on the basis that his lead counsel was not in court.

“The defendant clearly stated that this is a serious matter to which the lead counsel needs to give serious attention to same.

“I equally listened to counsel to the prosecution that this is the 11th adjournment and that the defendant’s defence should be foreclosed.

“Fair hearing demands that all parties be heard and defendant present his defence before court,” he said.

The judge said that, though the court cannot compel the defendant to defend himself, he would concede to Sowore’s application for adjournment.

Justice Umar, however, warned that if he failed to continue with his defence on the next adjourned date, his defence may be foreclosed.

The judge adjourned the matter until July 22 for definite continuation of defence.

However, shortly after the ruling, Sowore indicated his interest in addressing the court and the judge granted him leave.

The defendant therefore applied for his international passport to be submitted at the U.S. Embassy in order to address a family matter.

“I want to bring it to your lordship’s attention various serious issues. I have a family emergency which requires that my passport be given to US Embassy so that my children in the U.S. can attend to some emergencies,” he said.

But Justice Umar directed him to file a formal application in that regard and for the prosecution to also respond accordingly before his decision is made.