The Federal High Court in Abuja has dismissed a no-case submission filed by activist and former presidential candidate, Omoyele Sowore, in the cyberbullying charges instituted against him by the Department of State Services (DSS) over alleged comments directed at President Bola Ahmed Tinubu.
Justice Mohammed Garba Umar, in a ruling delivered on Friday, held that the prosecution had established a prima facie case requiring Sowore to open his defence. The court subsequently fixed May 19 for the continuation of trial.
Sowore is facing a two-count charge bordering on alleged cyberbullying after reportedly referring to President Tinubu as a “criminal” on his social media platforms.
In his ruling, Justice Umar rejected arguments by the defence that the DSS failed to establish a case because it presented only one witness and did not call the president to testify.
The judge held that the DSS had sufficiently linked Sowore to the alleged offence, noting that the defendant did not deny making the social media posts in question.
According to the court, existing Supreme Court authorities establish that any evidence linking a defendant to an alleged offence, regardless of how minimal, is enough to warrant the accused entering a defence.
Following the ruling, counsel to the DSS, Akinlolu Kehinde (SAN), informed the court that the prosecution was ready to proceed with trial.
However, Sowore’s lawyer, Marshall Abubakar, requested permission for his client to personally address the court. Although the DSS counsel objected, arguing that a defendant cannot simultaneously speak alongside legal representation, the court allowed Sowore to speak.
Addressing the court, Sowore accused Justice Umar of bias and called on the judge to recuse himself from the case, alleging that he could not obtain justice in the court.
He further alleged that the judge was collaborating with the federal government to secure his conviction in order to prevent him from participating in the 2027 general elections.
His counsel subsequently urged the court to return the case file to the Chief Judge of the Federal High Court for reassignment to another judge.
Reacting, DSS counsel Kehinde asked the court to disregard the oral recusal request.
In a brief response, Justice Umar directed Sowore to file a formal application detailing the grounds for his recusal request.
The matter was thereafter adjourned until May 19 for the defendant to open his defence.
