Federal High Court in Abuja on Thursday warned that it could close the defence of Omoyele Sowore in his ongoing trial over alleged defamation if he fails to proceed with his case at the next hearing.
Justice Mohammed Umar issued the warning after granting the former presidential candidate’s request for an adjournment following the absence of his lead counsel, Adeyinka Olumide-Fusika (SAN).
Sowore, publisher of Sahara Reporters and presidential candidate of the African Action Congress (AAC), is facing charges of criminal defamation, cyberstalking and incitement brought against him by the Department of State Services (DSS).
The charges stem from allegations that he referred to President Bola Tinubu as “a criminal” in posts published on his X (formerly Twitter) and Facebook accounts.
At Thursday’s proceedings, Sowore appeared in court without any member of his legal team.
When Justice Umar inquired about his lawyers’ absence, Sowore explained that his lead counsel had travelled to the United Kingdom with the court’s knowledge and had requested that the matter be adjourned.
According to him, his lawyer wanted to personally handle the case because of its significance, while another member of the defence team was engaged in proceedings elsewhere.
Describing the matter as serious, Sowore urged the court to grant an adjournment, insisting that he needed legal representation to continue his defence.
The judge, however, cautioned that any application beyond a request for adjournment could be interpreted as an indication that Sowore intended to represent himself.
“If you are making an application, it means you are telling this court that you are taking over the defence on your own,” Justice Umar said.
Opposing the request, counsel to the DSS, Akinlolu Kehinde (SAN), argued that the defence had repeatedly delayed the proceedings.
He told the court that the application marked the 11th adjournment sought by the defence and noted that a previous court order directed that the trial should proceed on a day-to-day basis.
Kehinde recalled that a similar reason was given at the last hearing, despite the court’s earlier position that the absence of a lead counsel should not halt proceedings.
He maintained that the repeated requests violated the spirit of the Administration of Criminal Justice Act (ACJA), 2015, and suggested that the defence was unwilling to proceed with its case.
The senior advocate therefore urged the court to foreclose Sowore’s defence in the interest of justice.
Delivering his ruling, Justice Umar acknowledged the prosecution’s concerns but held that the principles of fair hearing required that the defendant be given an opportunity to fully present his case.
The judge said the court could not compel Sowore to defend himself and consequently granted the adjournment request.
However, he stressed that the indulgence was the last the court would grant on the matter.
Justice Umar warned that failure to continue with the defence at the next hearing could result in the court closing the defence case.
The matter was subsequently adjourned until July 22 for the definite continuation of defence.
Shortly after the ruling, Sowore sought the court’s permission to make an additional request concerning his international passport.
He informed the court of what he described as a family emergency and asked that his passport be released to enable processing at the U.S. Embassy for issues involving his children in the United States.
In response, Justice Umar directed him to file a formal application, which the prosecution would also be allowed to respond to before the court makes a decision.
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