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Justice Mohammed Garba Umar of the Federal High Court, Abuja, on Friday dismissed the no-case submission filed by activist and former presidential candidate, Omoyele Sowore, in the cyberbullying charge instituted against him by the Department of State Services (DSS).
The court held that the DSS had established a prima facie case against Sowore over allegations that he described President Bola Ahmed Tinubu as a “criminal” on his social media platforms.
Justice Umar subsequently fixed May 19 for Sowore to open his defence.
Sowore had urged the court to discharge and acquit him on the two-count charge, arguing in his no-case submission that the prosecution failed to establish sufficient evidence linking him to the alleged offence.
However, in a detailed ruling, the judge rejected the arguments advanced by the defendant. Justice Umar held that the DSS successfully linked Sowore to the alleged offence and noted that the defendant did not deny making the social media posts in question.
The judge further ruled that the absence of testimony from the complainant, President Tinubu, did not invalidate the prosecution’s case. He maintained that established Supreme Court authorities provide that any credible evidence linking a defendant to an alleged offence is sufficient to warrant the defendant entering a defence.
Following the ruling, counsel to the DSS, Akinlolu Kehinde (SAN), informed the court that the prosecution was ready to proceed with the trial.
However, Sowore’s counsel, Marshall Abubakar, appealed to the court to allow his client personally address the judge. Although the prosecution objected on the grounds that a defendant cannot simultaneously act through counsel and also personally address the court, Justice Umar granted the request.
Addressing the court, Sowore accused the judge of bias and called on him to recuse himself from the matter, alleging that he could not obtain justice before the court.
He further alleged that the judge was acting in concert with the Federal Government to secure his conviction and prevent him from contesting the 2027 general election.
His counsel, Abubakar, supported the request and urged the judge to return the case file to the Chief Judge of the Federal High Court for reassignment to another judge.
Responding, DSS counsel Kehinde urged the court to disregard the oral application for recusal.
In a brief ruling, Justice Umar directed Sowore to file a formal application for recusal, clearly stating the grounds for his request.
The matter was thereafter adjourned until May 19 for the commencement of the defence.
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