The Federal High Court in Abuja on Thursday declined to grant an application by publisher of Sahara Reporters, Omoyele Sowore, seeking an adjournment in his on going trial till after the court’s forthcoming vacation.
Justice Mohammed Umar, in a ruling, rejected the request made by Sowore’s lawyer, Marshall Abubakar.
Justice Umar also ordered the defendant, who is being prosecuted by the Department of State Services (DSS) for alleged cyberbullying related offences, to enter his defence beginning from June 5.
The judge ordered that further hearing in the case shall henceforth, be conducted day-to-day, from the next adjourned date.
The News Agency of Nigeria (NAN) reports that Sowore is being tried for allegedly making false claims against the person of President Bola Tinubu by referring to him as “a criminal” in a post he made on his “X” and Facebook accounts.
Upon resumed hearing in the matter, the DSS lawyer, Akinlolu Kehinde, SAN, said the case was fixed for June 4 to get the Chief Judge’s response to a May 19 letter from Sowore, requesting that the case be assigned to another judge.
Kehinde said he was served on May 26 with a copy of the chief judge’s response, dated May 22, in which the defendant’s request was declined and the court was ordered to continue to hear the case.
He then, applied that the judge order the defendant to enter his defence.
Responding, Abubakar claimed that a portion of the chief judge’s response directed the defendant to file a formal application so that it could be heard in open court.
Abubakar urged the court to adjourn the case till after the court’s forthcoming vacation to enable Sowore, an African Action Congress (AAC) presidential candidate, participate in next year’s presidential election.
Replying, Kehinde faulted Abubakar’s interpretation of the chief judge’s response.
He stressed that the case before the court had nothing to do with political activities in the country.
“The letter from the chief judge of this court did not ask the defendant or his counsel to file an application for recusal.
“So, it is disingenious for counsel to read into the letter and interpretation that the chief judge did not include in the letter,” he said.
Following a disagreement between both lawyers on the content of the chief judge’s response, Justice Umar called for a copy of the letter and read through, following which he declared Abubakar wrong.
Justice Umar said: “From the content of the letter, there is nowhere the defendant is asked to file an application before this court.
“This court is not denying the defendant the right to file any application. This can be done anytime before judgment.”
The judge said the current stage of the case merely required the defendant to enter his defence.
Thereafter, the judge ordered Sowore to enter his defence.
He also ordered that hearing in the case proceed daily, in line with the provision of the Administration of Criminal Justice Act (ACJA), 2015.
Following the judge’s order, Abubakar sought an adjournment till after the court’s vacation for the defendant to open his defence.
Again, Kehinde objected, noting that having ruled and ordered a daily hearing, the ruling of the court was in consonance with the law.
“The law is that the defendant shall proceed with his defence.
“There is no option. We are ready. There is no room for dilatory practice for defendant facing a criminal trial.”
The prosecuting lawyer added that “the option left at this point is for the defence to continue or simply be foreclosed.
“It is either they continue or they are foreclosed,” he said.
The judge subsequently adjourned till June 5 for the defendant to open his defence.
