Proceedings in the criminal defamation trial of activist and publisher Omoyele Sowore were on Monday adjourned until September after a heated exchange between counsel for the defence and the prosecution disrupted proceedings at the Federal High Court.
Justice Mohammed Umar suspended the hearing and fixed September 28 for continuation of the defence after tensions flared between lead defence counsel, Olumide Fusika (SAN), and prosecuting counsel, Akinlolu Kehinde (SAN), over an application for adjournment.
The disagreement arose when Fusika requested a postponement, explaining that a court document required for the cross-examination of a witness from the Department of State Services (DSS) had only been released to him on the day of the hearing.
According to the defence lawyer, the document, which had already been admitted as an exhibit, was requested on July 22 and approved by the court on July 27, but was not made available by the court registry until August 3. He argued that additional time was needed to review the material and adequately prepare for the cross-examination of the DSS witness.
The witness appeared in place of the Director-General of the DSS, Oluwatosin Ajayi, following an earlier agreement between both parties that any qualified officer of the agency could testify in the matter.
Opposing the application, Kehinde urged the court to reject the request and accused the defence of employing “dilatory tactics” aimed at delaying the proceedings. He also renewed a call for the court to foreclose the defence case.
The remark drew a strong reaction from Fusika, who rejected the allegation and described it as unfair. He argued that the defence had acted in good faith throughout the proceedings and pointed to its earlier agreement to allow another DSS officer testify in place of the agency’s director-general.
During the exchange, the defence counsel accused the prosecution of acting like a “persecutor” and insisted that his conduct should not be misconstrued as an attempt to frustrate the trial.
Justice Umar intervened and cautioned both lawyers to maintain decorum, warning that any further misconduct could be referred to the appropriate disciplinary authorities.
“I have respected you enough. Any more of this conduct and I will refer you to the appropriate disciplinary body,” the judge said, adding that such behaviour would not be tolerated in his courtroom.
The judge subsequently ruled that he could not continue with the hearing under the circumstances and adjourned the case until September 28.
Sowore, a former presidential candidate and publisher of Sahara Reporters, is standing trial over allegations of criminal defamation linked to social media posts in which he described President Bola Tinubu as a “criminal.” He has denied the allegations and maintained that he committed no offence.
The case was initially instituted by the Department of State Services before the Office of the Attorney-General of the Federation assumed responsibility for the prosecution.
