
Omoyele Sowore
Publisher and activist, Omoyele Sowore, did not open his defence on Tuesday in his ongoing trial before a Federal High Court in Abuja over alleged cyberbullying-related offences.
Sowore is being prosecuted over allegations that he made defamatory statements against President Bola Ahmed Tinububy referring to him as “a criminal” in posts published on his X and Facebook accounts. He has denied wrongdoing.
At the last sitting on May 8, Justice Mohammed Umar dismissed Sowore’s no-case submission, holding that the prosecution had established a prima facie case requiring the defendant to enter a defence.
The prosecution counsel, Akinlolu Kehinde (SAN), had argued that sufficient grounds existed for the matter to proceed. The court subsequently directed Sowore to open his defence.
Following the ruling, Sowore and his counsel, Marshall Abubakar, orally requested that Justice Umar withdraw from further handling of the case, alleging bias.
After the prosecution objected to the oral application, arguing that such requests should be formally filed to allow for a response, the court directed the defence to submit a formal application seeking the judge’s recusal.
When the matter resumed on Tuesday, Abubakar informed the court that his client had filed letters and applications before the Chief Judge of the Federal High Court, requesting that the case be reassigned to another judge.
According to him, the applications — one personally filed by Sowore and another by counsel — were accompanied by affidavits and exhibits outlining reasons for the request.
Responding, Kehinde told the court that the prosecution was served with the letters on May 19. He argued that the defence had not complied with the court’s earlier directive to file a formal recusal application before Justice Umar.
He urged the court to discountenance the applications and proceed with the matter, arguing that the case had reached the stage where the defendant should begin his defence.
“The defendant should enter his defence if he has one and, if not, inform the court accordingly,” Kehinde said.
In response, Abubakar maintained that the defence had taken the appropriate legal steps and urged the court to await the decision of the Chief Judge on the reassignment request.
Ruling, Justice Umar directed the prosecution to file its response to the defence’s letters dated May 19 and adjourned further proceedings until June 4 pending developments regarding the petition before the Chief Judge.
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