The presidential candidate of the African Action Congress (AAC), Omoyele Sowore, on Monday opened his defence in his ongoing trial over allegations that he defamed President Bola Tinubu.
However, Sowore faces the possibility of being remanded at the Kuje Correctional Centre if he fails to comply with the bail conditions imposed by the Federal High Court in Abuja.
Justice Mohammed Umar had last week granted Sowore fresh bail in the sum of N200 million with two sureties in like amount after revoking his earlier bail over an alleged breach of its terms. The activist, who is standing trial for allegedly describing Tinubu as a criminal on his X and Facebook accounts, has pleaded not guilty to the charges.
As part of the new bail conditions, the court directed Sowore to deposit his international passport and provide two sureties, one of whom must be the traditional ruler of his community. Pending the perfection of the bail conditions, the court released him to his lawyer to enable him retrieve his passport from the United States Embassy in Lagos.
At Monday’s proceedings, prosecuting counsel, A.T. Kehinde (SAN), informed the court that the defendant had yet to fulfil the bail requirements and urged the judge to remand him in custody until the conditions were met.
Kehinde argued that court orders must be obeyed, noting that Sowore had neither complied with the bail conditions nor applied for a variation of the terms.
“The defendant was released to his lawyer to retrieve his passport for deposit with the court. That has not been communicated to us, and the other bail conditions have also not been fulfilled. Our application is that the defendant be remanded at the Correctional Centre until the bail conditions are met,” he told the court.
Responding, defence counsel, Olumide Fusika (SAN), argued that bail was intended to secure a defendant’s attendance at trial rather than serve as punishment. He maintained that substantial compliance had been achieved, adding that the verification of the bail documents was largely complete.
Fusika assured the court that Sowore’s passport would be deposited before the close of business on July 13, explaining that its retrieval had been delayed because the U.S. Embassy was closed for the country’s 250th Independence anniversary celebrations.
He urged the court to allow Sowore to remain in his custody until the next hearing, assuring that all outstanding bail conditions would be fulfilled.
Meanwhile, the defence formally opened its case by calling Abuja-based lawyer, Deji Adeyanju, as its first witness.
Led in evidence by Fusika, Adeyanju told the court that President Tinubu, during an official engagement in Benue State, had publicly stated that citizens have the right to criticise, insult and call him names, and urged law enforcement agencies to respect those democratic rights.
The witness also testified that the President had emphasised that the judiciary should protect the public and not be used as an instrument of oppression against government critics.
Video recordings of the President’s remarks were tendered by the defence on a flash drive and admitted in evidence by the court.
Justice Umar subsequently adjourned the case until July 13 for the continuation of the defence.
