The Federal High Court in Abuja has dismissed the no-case submission filed by activist and former presidential candidate, Omoyele Sowore, in the cyberbullying case instituted against him by the Department of State Services (DSS) over alleged defamatory comments directed at President Bola Ahmed Tinubu.
Delivering ruling on Friday, Justice Mohammed Garba Umar held that the prosecution had established a prima facie case strong enough to compel Sowore to enter his defence. The court subsequently fixed May 19 for the continuation of trial.
Sowore is standing trial on a two-count charge bordering on alleged cyberbullying after the DSS accused him of making social media publications in which he allegedly described President Tinubu as a “criminal”.
The activist had urged the court to dismiss the charges and acquit him, arguing that the prosecution failed to present sufficient evidence linking him to any offence.
However, Justice Umar ruled that the prosecution had successfully presented evidence capable of sustaining the matter at this stage of proceedings. According to the court, at least one witness had testified and linked the defendant to the controversial online publications.
The judge further observed that
Sowore did not deny making the posts in question, stressing that under Nigerian law, even minimal evidence connecting a defendant to an alleged crime is enough to require the accused person to open a defence.Drama briefly unfolded after the ruling when counsel to the DSS, Akinlolu Kehinde (SAN), announced readiness to proceed with trial, while Sowore’s lawyer, Marshall Abubakar, sought permission to further address the court.
Although the prosecution objected, the court allowed Sowore to speak. The activist subsequently accused the judge of bias and demanded his recusal from the case, alleging that he could not receive a fair hearing and hinting at possible political undertones linked to his reported 2027 presidential ambition.
His legal team backed the request, urging the court to return the case file to the Chief Judge of the Federal High Court for reassignment to another judge.
Counsel to the DSS opposed the application, insisting that the matter should proceed without interruption.
In a short ruling, Justice Umar directed Sowore to formally file an application for recusal, clearly stating the grounds for his objection. The matter was thereafter adjourned to May 19 for the defendant to open his defence.
