Justice Mohammed Umar of the Federal High Court, Abuja, has ordered the presidential candidate of the African Action Congress (AAC) in the 2023 election and publisher, Omoyele Sowore, to open his defence in his ongoing trial over alleged criminal defamation of President Bola Tinubu.
The ruling followed the court’s dismissal of an application by Sowore’s counsel, Marshall Abubakar, seeking an adjournment of further proceedings until after the court’s upcoming vacation.
Justice Umar directed that the trial proceed on a daily basis starting Friday, June 5, when the defendant is expected to begin his defence.
Sowore is being prosecuted by the Department of State Services (DSS) for allegedly making false and defamatory statements against President Tinubu on his X (formerly Twitter) and Facebook accounts, where he referred to the president as “a criminal.”
At Wednesday’s proceedings, prosecuting counsel, Akinlolu Kehinde (SAN), informed the court that the matter was scheduled for hearing following the response of the Chief Judge to a May 19, 2026 letter written by the defendant requesting reassignment of the case to another judge.
Kehinde stated that the Chief Judge, in a response dated May 22 and served on the prosecution on May 26, declined the request and directed that the trial should continue before Justice Umar.
He then urged the court to compel the defendant to open his defence.
In response, Abubakar argued that part of the Chief Judge’s correspondence suggested the defence could file a formal application, which he said warranted an adjournment to allow proper participation, including in relation to Sowore’s political engagements.
However, the prosecution counsel countered that the Chief Judge’s letter contained no such directive and urged the court to proceed without delay.
“The letter from the Chief Judge of this court did not ask the defendant or his counsel to file an application for recusal. So, it is disingenuous for counsel to read into the letter an interpretation that the Chief Judge did not include in the letter,” Kehinde said.
After reviewing the correspondence, Justice Umar ruled that the defence’s interpretation was incorrect and confirmed that no directive for a formal application had been issued.
The judge held that the matter had reached the stage where the defendant must enter his defence, adding that such applications could still be entertained before judgment if necessary.
He further ordered that the trial proceed daily in accordance with the Administration of Criminal Justice Act (ACJA), aimed at preventing unnecessary delays in criminal proceedings.
Following the ruling, defence counsel again sought an adjournment until after the court’s vacation, but the request was rejected.
The prosecution opposed the application, insisting that the court’s directive for daily hearing must be followed and warning against any attempt to delay proceedings.
Kehinde argued that the defence must proceed immediately or risk being foreclosed, stressing that criminal trials must move forward without obstruction.
Justice Umar subsequently adjourned the matter to June 5 for Sowore to open his defence, with the court maintaining its directive for continuous hearing thereafter.
