The Federal High Court in Abuja has dismissed the no-case submission filed by politician and activist Omoyele Sowore in the cyberbullying charge instituted against him by the Department of State Services (DSS) over alleged comments made against 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 the defendant to enter his defence. The court consequently fixed May 19 for Sowore to open his defence.
Sowore is facing a two-count charge bordering on alleged cyberbullying after he reportedly described President Tinubu as a “criminal” on his social media platforms. He had urged the court to discharge and acquit him, arguing that the DSS failed to prove its case.
In his ruling, Justice Umar dismissed the application, stating that the DSS had successfully linked Sowore to the alleged offence. The judge noted that the defendant did not deny making the controversial online posts.
He further held that established judicial precedent shows that even minimal evidence connecting a defendant to an alleged offence is sufficient to establish a prima facie case and warrant a defence.
Shortly after the ruling, counsel to the DSS, Akinlolu Kehinde, SAN, told the court he was ready to proceed with trial.
However, Sowore’s counsel, Marshall Abubakar, requested permission for his client to address the court directly. Despite objections from the prosecution, which argued that a defendant must either speak through counsel or personally, the court granted the request.
Sowore then addressed the court, accusing the trial judge of bias and calling for his recusal. He alleged that the proceedings were politically motivated and intended to ensure his conviction to prevent him from contesting the 2027 general elections.
His counsel, Abubakar, echoed the same position, urging the court to return the case file to the Chief Judge of the Federal High Court for reassignment to another judge.
The DSS counsel opposed the application, urging the court to discountenance the request for recusal.
In a brief ruling, Justice Umar ordered Sowore to file a formal application outlining his grievances regarding the alleged bias.
The court thereafter adjourned the matter to May 19 for the defendant to open his defence.
Boluwatife Enome
