The Federal High Court in Abuja has handed a final warning to online publisher and presidential candidate of the African Action Congress (AAC), Omoyele Sowore, to conclude his defence or be foreclosed.
Justice Mohammed Umar gave the warning after the lawyer to the Department of State Services (DSS), Akinlolu Kehinde, SAN, made an oral application shortly after Sowore sought an adjournment over his lead counsel’s absence.
The DSS is prosecuting Sowore for criminal defamation and incitement and for allegedly cyberbullying President Bola Tinubu by calling him a “criminal” in posts he made last September on his “X” and Facebook accounts.
When the case was called even though Sowore was present in court, no lawyer appeared for him.
When Justice Umar enquired about Sowore’s counsel, he responded that his lead lawyer, Mr Adeyinka Olumide-Fusika, SAN, travelled to the United Kingdom (UK), a move he said the court is aware of.
Sowore told the judge that his lawyer advised him 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.”
When asked if he wanted to proceed with his defence, Sowore requested 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 applied to make another application.
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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 making an application, it means you are telling this court that you are taking over the defence on your own,” the judge said.
Responding, however, counsel to the DSS drew the attention of the court to what he called the 11th time Sowore would be applying for 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 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.”
Kehinde also argued that there was a subsisting order of the court that the trial is to be conducted on a day-to-day basis.
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 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 would give Sowore the last opportunity in the interest of a fair hearing.
“I have heard the application of the defendant, seeking an 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.
“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 present his defence before court,” he said.
The judge said while the court cannot force 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.
Shortly after the ruling, Sowore appealed to the judge to direct that his international passport be temporarily released to enable his children in the United States to attend to some emergencies.
Justice Umar directed him to file a formal application and that the prosecution responds before his decision.
