A Federal High Court has ordered that the defamation trial of online publisher Omoyele Sowore proceed on a daily basis, directing him to immediately open his defence in the case brought against him by the Department of State Services (DSS).
Delivering ruling on Wednesday, Justice Umar Mohammed Umar dismissed a request by defence counsel, Marshall Abubakar, who had sought an adjournment of proceedings until after the court’s upcoming vacation. The court instead ordered accelerated hearing in accordance with the Administration of Criminal Justice Act (ACJA).
Sowore is standing trial over allegations of publishing false and defamatory statements against President Bola Tinubu, including posts on his X and Facebook accounts in which he allegedly described the President as a “criminal.”
At the resumed hearing, prosecution counsel and Senior Advocate of Nigeria, Akinlolu Kehinde, informed the court that the matter was set down for consideration of correspondence from the Chief Judge relating to a petition filed by the defendant seeking reassignment of the case to another judge.
He explained that the Chief Judge, in a response dated May 22 and received on May 26, rejected Sowore’s request and directed that the trial should continue before the current court. Based on this position, the prosecution urged the court to compel the defendant to enter his defence without further delay.
The defence, however, maintained that portions of the Chief Judge’s letter implied the need for a formal motion to be heard in open court, and therefore requested that proceedings be suspended until after the court’s vacation. Counsel also suggested the adjournment would allow the defendant to prepare adequately and participate in upcoming political activities.
The prosecution opposed the application, arguing that the defence was misinterpreting the content of the Chief Judge’s communication and attempting to stall the trial. It maintained that the case was strictly criminal in nature and unrelated to political engagements or elections.
After examining the document, Justice Umar ruled that there was no directive requiring any additional application before proceeding. He affirmed that the defendant was free to file any motion permitted by law but must now open his defence.
The court consequently ordered that the trial continue on a day-to-day basis and adjourned the matter to June 5 for commencement of defence, warning that failure to proceed could lead to the defence being foreclosed.
