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From Godwin Tsa, Abuja
The Federal High Court in Abuja has fixed June 30 for ruling on an application by activist and publisher Omoyele Sowore seeking restoration of his bail and the setting aside of a bench warrant issued against him.
Justice Mohammed Umar adjourned the matter after both sides adopted their court processes.
The court had on June 16 revoked Sowore’s bail and issued a bench warrant for his arrest after he failed to appear for his trial on charges of cybercrime and criminal defamation.
The Department of State Services is prosecuting Sowore over claims that he referred to President Bola Tinubu as a “criminal” in posts on his official X and Facebook accounts. He has pleaded not guilty.
The African Action Congress presidential candidate was on Monday ordered remanded at the Kuje Correctional Centre pending determination of his application for a stay of execution of the order revoking his bail.
At yesterday’s hearing, Sowore’s counsel, R.O. Adakole, holding the brief of Adeyinka Olumide-Fusika alongside C.S. Etonyeaku, told the court the defence had filed a motion on notice seeking 12 reliefs, including orders setting aside the June 16 bail revocation, vacating the bench warrant, and restoring the earlier bail conditions.
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The application cited Sections 35(4), 36(1) and 6(6)(a)&(b) of the 1999 Constitution, Sections 169 and 352 of the Administration of Criminal Justice Act 2015, and the court’s inherent jurisdiction.
The defence said it relied on a 34-paragraph affidavit deposed to by Emmanuel Larry, alongside a further 36-paragraph affidavit deposed to by Sodiq Temitope and filed on June 24, along with a reply on points of law. Counsel urged the court to grant the application “in the interest of justice” and to discountenance the complainant’s affidavit.
Responding, prosecuting counsel Akinlolu Kehinde said the Federal Government had filed a 25-paragraph counter-affidavit deposed to by Moses Madara, relying particularly on paragraphs 10 to 23, and urged the court to refuse the application, arguing the defence had not placed facts before the court capable of swaying its discretion in Sowore’s favour.
Justice Umar adjourned the matter to June 30 for ruling.
The defence then orally applied for Sowore to be released to his legal team pending the ruling, undertaking to produce him in court on June 30, and told the court he was said to be in poor health. The prosecution opposed the request as premature, saying it should have been made formally to allow a proper response, though it noted “the optics of the matter” and left the decision to the court’s discretion.
Justice Umar declined the request, holding that granting it would defeat the purpose of the adjournment since he had yet to review the filed processes and ordered that Sowore be returned to court for the June 30 ruling.
