…..Fixes May 19 to open defence
Justice Mohammed Garba Umar of the Federal High Court in Abuja on Friday dismissed the no-case submission made by politician-activist, Omoyele Sowore, in the charge of Cyberbullying President Bola Tinubu brought against him by the Department of the State Services (DSS).
The Court upheld DSS’ charges against Sowore for allegedly calling President Bola Ahmed Tinubu a “criminal” in his social media handles. The judge fixed May 19 for Sowore to enter his defence in the charges against him.
Sowore had filed the no-case submission and prayed the court to discharge and acquit him from the 2-count charge.
In the long ruling, Justice Umar punctured Sowore’s arguments that the DSS provided only one witness, that the victim, President Bola Tinubu, wasn’t invited to testify. He held that the DSS successfully linked Sowore to the alleged crime, and that the defendant did not deny posting the offensive messages online.
The judge further ruled that the Supreme Court has long established that any evidence, no matter how small that links a defendant to an alleged crime is sufficient to establish a prima facie case established against the defendant to warrant his defence in the allegations against him.
Shortly after the ruling, counsel to the DSS, Akinlolu Kehinde, SAN, told the court that he was ready to proceed with the trial. However, Sowore’s counsel, Marshall Abubakar, rose to appeal to the judge that his client has something important to tell the court. Even though counsel to the DSS protested the move, insisting that the rule was that a defendant may be represented in court by a counsel or by himself, not both, the judge allowed Sowore use the microphone to address the court.
He began by openly accusing the Judge of bias, and asked the judge to recuse himself, as he wasn’t sure of getting justice in his court.
He alleged that the judge was in cohort with the federal government convict him at all costs so as to prevent him from contesting the 2027 general election.
His counsel, Abubakar echoed the same sentiment, asking the Judge to return the case file to the Chief Judge of the Federal High Court for re-assignment to another judge,
The DSS lawyer, Akinlolu Kehinde SAN who had earlier asked the Judge not to grant audience to Sowore but his counsel on record, prayed that the recusal application be discarded.
In a brief ruling, Justice Umar ordered Sowore to file formal application for recusal and state his grievances,
He thereafter fixed May 19 for the defendant to open his defense.
