The Federal High Court in Abuja on Thursday issued a stern final warning to activist, online publisher, and African Action Congress presidential candidate, Omoyele Sowore, to conclude his defence at the next sitting or risk having it foreclosed.
Justice Mohammed Umar delivered the warning after counsel to the Department of State Services, DSS, Akinlolu Kehinde, SAN, made an oral application challenging yet another adjournment request by Sowore, who cited the absence of his lead counsel.
Sowore is standing trial on charges of criminal defamation, incitement, and cyberbullying brought against him by the DSS, over posts made last September on his verified X (formerly Twitter) and Facebook accounts, in which he allegedly referred to President Bola Ahmed Tinubu as a “criminal.”
When the matter was called on Thursday, Sowore was present in court, but no lawyer appeared on his behalf. Asked by the judge to account for his legal team, Sowore explained that his lead counsel, Mr. Adeyinka Olumide-Fusika, SAN, had travelled to the United Kingdom — a development, he said, the court was already aware of.
“He advised me to inform the court that he will not be available for today’s hearing, and he would like to handle this case personally because he is a skillful lawyer,” Sowore told the judge.
Pressed on whether he wished to proceed with his defence, Sowore instead sought 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 pleaded.
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When Sowore attempted to file a separate application, Justice mar cautioned him that doing so would amount to representing himself in the proceedings.
“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 making an application, it means you are telling this court that you are taking over the defence on your own,” the judge said.
Reacting, the DSS counsel told the court that Thursday’s request marked the 11th time Sowore had sought an adjournment in the course of his 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 their next set of witnesses are subpoenaed witnesses and your lordship signed the subpoena.
“This same excuse was given at the last adjourned date, and this court ruled that the absence of lead counsel cannot stop this proceeding”, Kehinde submitted
He reminded the court of its subsisting order that the trial be conducted on a day-to-day basis, insisting that Sowore was clearly unwilling to proceed with his defence.
“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,” Kehinde prayed.
Justice Umar acknowledged the prosecution’s concerns but stressed that fair hearing required affording the defendant one last opportunity.
“I have heard the application of the defendant seeking an adjournment 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.
“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 the defendant presents his defence before the court, ” the judge said.
While noting that the court could not compel Sowore to defend himself, the judge conceded to the adjournment request — but warned it would be the last.
Justice Umar cautioned that should Sowore fail to continue with his defence on the next adjourned date, his defence would be foreclosed. The matter was adjourned to July 22 for definite continuation of defence.
Shortly after the ruling, Sowore appealed to the court to temporarily release his international passport to enable him travel to the United States, where he said his children were facing certain emergencies that required his attention.
Justice Umar, however, directed the defendant to file a formal application, to which the prosecution would be required to respond before the court could rule on the request.
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