The presidential candidate of the African Action Congress (AAC), Omoyele Sowore, on Monday opened his defence in the alleged criminal defamation case filed against him by the federal government over social media posts in which he described President Bola Ahmed Tinubu as a “criminal.”
The proceedings before Justice Mohammed Umar of the Federal High Court in Abuja also witnessed an unsuccessful bid by the prosecution to have Sowore remanded in the Kuje Correctional Centre over his alleged failure to comply with the bail conditions earlier imposed by the court.
The federal government is prosecuting Sowore, who is also the publisher of Sahara Reporters, on a two-count charge of alleged criminal defamation arising from posts made on his official X and Facebook accounts.
Opening his defence, Sowore called Abuja-based lawyer, Deji Adeyanju, as his first witness.
Led in evidence by defence counsel, Olumide Fusika, SAN, Adeyanju told the court that President Tinubu had, during an official engagement in Benue State, publicly stated that Nigerians had the right to criticise, insult and call him names as part of democratic governance.
According to the witness, the President also said law enforcement agencies should allow citizens to freely exercise their constitutional rights and that the judiciary should serve as the guardian of the people rather than an instrument of oppression against critics.
Video recordings of the President’s remarks were tendered by the defence through a flash drive and admitted in evidence by the court.
The prosecution, however, urged the court to remand Sowore, arguing that he had yet to fulfil the bail conditions attached to his release.
Prosecution counsel, Akinlolu Kehinde, SAN, told the court that although the defendant had been released to enable him deposit his international passport, the prosecution had not been informed of any compliance with that directive or the other bail conditions.
“The defendant was released to his lawyer to go and bring his passport to be deposited with the court. That has not been communicated to us, and other conditions of the bail have not been met. The law is trite, no sentiment.
“Our application is that the defendant be remanded at the Correctional Center until the bail conditions are met,” Kehinde submitted.
He further argued that Sowore neither informed the court of any difficulty in meeting the conditions nor applied for their variation.
Opposing the application, defence counsel, Olumide Fusika, SAN, argued that bail is intended to guarantee a defendant’s attendance in court and not to punish an accused person.
He maintained that the bail conditions had substantially been complied with, explaining that verification of the relevant documents had already been completed.
Fusika also assured the court that Sowore’s international passport would be deposited before the close of business on Monday, attributing the delay to the recovery process involving the American Embassy in Lagos, which he said was closed for a public holiday.
He urged the court to allow Sowore remain in his custody until the next adjourned date, assuring that every outstanding condition would be fulfilled.
Justice Mohammed Umar declined the prosecution’s application for Sowore’s remand and adjourned the case until July 13, 2026, for continuation of the defence.
The court had earlier granted Sowore bail in the sum of ₦200 million with two sureties in like sum. It directed that one of the sureties must be a traditional ruler from his community, while the second must own landed property in Abuja. The court also ordered the defendant to deposit his international passport with the Deputy Chief Registrar.
Sowore had earlier filed a no-case submission seeking to be discharged and acquitted, but the court held that the prosecution had established a prima facie case requiring him to enter his defence.
