Key points
- Federal High Court fixes June 30 to rule on Sowore’s application
- Sowore seeks to set aside bail revocation and bench warrant order
- DSS opposes application and urges court to dismiss it
- Court declines oral request for Sowore’s release pending ruling
- Sowore is facing trial over alleged false claims against President Tinubu
Main story
The Federal High Court in Abuja has fixed June 30 for ruling on an application filed by Omoyele Sowore seeking to set aside an order revoking his bail and issuing a bench warrant for his arrest.
Justice Mohammed Umar fixed the date on Wednesday after hearing arguments from counsel to Sowore and the Department of State Services (DSS). Sowore’s lawyer, Raphael Adakole, told the court that the application sought an order setting aside the June 16 ruling revoking the defendant’s bail and issuing a bench warrant over his failure to appear in court. He urged the court to restore the status quo that existed before the order was made.
Adakole said the application was supported by a 25-paragraph affidavit and further affidavits filed by the defence. Counsel to the DSS, Akinkolu Kehinde, SAN, opposed the application and urged the court to dismiss it. He said the DSS filed a 25-paragraph counter-affidavit and argued that Sowore had not presented sufficient facts to justify the court exercising its discretion in his favour.
After hearing both parties, Justice Umar adjourned the matter until June 30 for ruling. Following the adjournment, Adakole requested that Sowore be released to him pending the ruling and undertook to produce him in court on the next adjourned date. The DSS opposed the request, arguing that such an application could not be made orally.
Justice Umar declined the request, stating that granting it could amount to determining the substantive application before ruling on it.
The issues
- Bail revocation and bench warrant proceedings
- Court discretion in setting aside previous orders
- Compliance with court attendance requirements
- Rights of defendants pending trial
- DSS prosecution of alleged false publication offences
What’s being said
On the relief sought by the defence:
“The application is accompanied by a 25-paragraph affidavit deposed to by Emmanuel Larry. He urged the court to grant all the prayers in the application.” — Raphael Adakole, counsel to Sowore.
“We are placing particular emphasis on Paragraphs 10 to 23.” — Akinkolu Kehinde, SAN, on the DSS counter-affidavit opposing the application.
“He argued that Sowore had not placed truthful fact before the court that was capable of swaying the court to exercise its discretion in his favour.” — Kehinde, urging the court to dismiss the application.
Bottom line
The Federal High Court will decide on June 30 whether to set aside the revocation of Omoyele Sowore’s bail and the bench warrant issued against him, while he remains in custody pending the court’s ruling.
