Justice Mohammed Garuba Umar of the Federal High Court in Abuja has rejected an application by online publisher and presidential candidate of the African Action Congress (AAC), Omoyele Sowore, to tender uncertified documents in his ongoing trial for allegedly defaming President Bola Tinubu.
The judge rejected the application on Wednesday after Sowore’s lead counsel, Olumide Fusika, SAN, sought to tender the documents through another lawyer, Barrister Wayne Chikezie Elijah.
The documents included a summary of proceedings relating to the testimony of a witness identified by the codename XYZ, as well as other letters.
Midway through the proceedings, Fusika called Elijah as a defence witness for the purpose of tendering the documents.
However, an issue arose after the court registrar directed all defence witnesses to leave the courtroom and remain outside the hearing of the proceedings. Elijah reportedly remained in the courtroom.
When he was later called to testify, DSS counsel, Akinlolu Kehinde, SAN, asked him to confirm whether he had been present when the first defence witness of the day, Uwen Davis, gave evidence.
Elijah told the court that he had been both inside and outside the courtroom while Davis was testifying.
The DSS subsequently objected to the tendering of the documents, arguing that they were public documents and were required to be certified before they could be admitted in evidence.
Kehinde urged the court to reject the documents and mark them as rejected, arguing that the application violated the provisions of the Evidence Act.
Fusika, however, countered that the documents were obtained from court records and therefore did not require certification.
In his ruling, Justice Umar held that the documents were in the custody of a lawyer who claimed to have previously acted as counsel in the matter.
“The reason for certification is to be sure the document has not been tampered with. Having been in the custody of the said counsel, how is the court sure that the document has not been tampered with?” the judge queried.
Justice Umar subsequently rejected the documents and marked them accordingly.
“The document is rejected and marked as such,” he declared.
Earlier, Uwen Davis, a Principal Officer, General Services, with the Department of State Services (DSS), testified that he authored a letter dated September 7, 2025, and delivered it to the Chairman and Chief Executive Officer of “X Corporation,” requesting the deletion of a post in which Sowore allegedly called President Tinubu a criminal.
Davis admitted that the letter stated that supporters of the President were becoming furious and that the post could lead to a breakdown of law and order.
However, under cross-examination, the witness said he could not specifically identify the supporters who were allegedly becoming furious, adding that he authored the letter on the directive of his superior officer.
The court has adjourned further hearing in the defence to July 28.
Justice Umar had, during proceedings on July 16, issued a final warning to Sowore to resume his defence in the defamation case filed against him by the DSS or risk being foreclosed from presenting further evidence.
