Key points
- DSS asked the Federal High Court to foreclose Omoyele Sowore’s defence, alleging repeated delays in the trial.
- Sowore’s lawyer blamed a court registry issue for seeking another adjournment and denied deliberately stalling proceedings.
- Justice Mohammed Umar adjourned the case until Sept. 20 after a heated exchange between counsel.
Main story
The Department of State Services (DSS) has urged the Federal High Court in Abuja to terminate the defence of Omoyele Sowore, accusing the activist and former presidential candidate of deliberately frustrating his ongoing criminal trial through repeated delays.
The application was made on Monday by DSS counsel, Akinlolu Kehinde (SAN), after Sowore’s lawyer, Adeyinka Olumide-Fusika (SAN), sought an adjournment, saying he could not proceed with the defence despite a subpoenaed DSS witness being present in court.
Olumide-Fusika explained that the defence had filed an application on July 22 seeking the court’s endorsement of documents required to examine the witness but only discovered shortly before proceedings that the request had been approved days earlier. He attributed the situation to a court registry issue rather than any fault of the judge.
Kehinde opposed the request, arguing that the defence had adopted a pattern of delaying the proceedings. He said the prosecution had fulfilled its obligation by producing the nominated DSS officer and insisted it was the responsibility of the defence to follow up on its own application.
The DSS lawyer urged the court to invoke its case management powers, close the defence and direct both parties to file their final written addresses. He argued that the constitutional right to fair hearing guarantees an opportunity to be heard but does not permit endless delays, citing judicial authorities in support of his position.
Olumide-Fusika rejected the allegation, insisting the prosecution had ignored the facts surrounding the registry’s handling of the application. He maintained that the defence had no intention of delaying the trial and noted that he would not have appeared in court during the court’s vacation if that had been his objective.
Proceedings became tense as both senior lawyers exchanged accusations, prompting Justice Mohammed Umar to caution them against unprofessional conduct. The judge warned that he would refer any lawyer who repeated such behaviour to the appropriate disciplinary body.
Justice Umar, who observed that the defence had sought several adjournments since the prosecution closed its case in March, adjourned the matter until Sept. 20 for continuation of the defence. Both lawyers later apologised to the court following the adjournment.
Sowore, the presidential candidate of the African Action Congress (AAC), is facing charges of criminal defamation, cyberstalking and incitement over social media posts in which he allegedly described President Bola Tinubu as “a criminal.”
The issues
The dispute highlights the challenge courts face in balancing a defendant’s right to present a full defence with the need to avoid unnecessary delays. It also raises questions about the impact of administrative lapses within the court system on the pace of criminal trials.
What’s being said
“The constitution only guarantees an opportunity to be heard, and not an unlimited right to delay proceedings.” — Akinlolu Kehinde (SAN), counsel to the DSS.
“Obviously, the problem is not from your lordship, it is a registry issue.” — Adeyinka Olumide-Fusika (SAN), counsel to Omoyele Sowore.
“I am adjourning this matter. I am not in a position to continue hearing the case today.” — Justice Mohammed Umar.
What’s next
The Federal High Court will resume hearing on Sept. 20, when Sowore is expected to continue presenting his defence unless fresh procedural issues arise.
Bottom line
The court declined the DSS’s request to close Sowore’s defence, opting instead to grant another adjournment while warning counsel against further courtroom confrontations as the long-running trial continues.
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