The Federal High Court in Abuja has fixed June 30, 2026, to rule on an application filed by activist and publisher, Omoyele Sowore, seeking the restoration of his bail and the setting aside of a bench warrant issued for his arrest.
Justice Mohammed Umar scheduled the ruling after both the defence and prosecution adopted their respective processes in the matter.
The case stems from the court’s June 16 decision revoking Sowore’s bail and issuing a bench warrant after he failed to appear before the court for the continuation of his trial on allegations bordering on cybercrime and criminal defamation.
Sowore is currently facing prosecution by the Department of State Services (DSS) over alleged defamatory publications in which he reportedly referred to President Bola Tinubu as a “criminal” through posts shared on his verified X and Facebook accounts.
The activist has pleaded not guilty to the charges.
The court had earlier ordered Sowore’s remand at the Kuje Correctional Centre pending the determination of his application seeking a stay of execution of the order revoking his bail.
At Wednesday’s proceedings, Sowore’s counsel, R.O. Adakole, alongside C.S. Etonyeaku, who held the brief of senior advocate Adeyinka Olumide-Fusika, informed the court that the defence had filed a motion on notice dated June 17 and submitted on June 19.
The application, brought under relevant provisions of the 1999 Constitution, the Administration of Criminal Justice Act, 2015, and the inherent jurisdiction of the court, sought 12 separate reliefs.
Among the reliefs requested were an order setting aside the court’s decision revoking Sowore’s bail, an order vacating the bench warrant issued against him, and an order restoring the previous bail conditions granted before the revocation.
The defence relied on a 34-paragraph affidavit deposed to by Emmanuel Larry and a written address filed in support of the application.
Counsel further disclosed that an additional 36-paragraph affidavit deposed to by Sodiq Temitope, as well as a reply on points of law, had been filed on June 24.
Adopting the processes, the defence urged the court to grant the application in the interest of justice and disregard the prosecution’s affidavit.
In response, prosecuting counsel, Akinlolu Kehinde (SAN), informed the court that the Federal Government had filed a 25-paragraph counter-affidavit sworn to by Moses Madara, along with a written address opposing the application.
Kehinde stated that the prosecution would rely particularly on paragraphs 10 to 23 of the affidavit and urged the court to reject the request.
“We urge this honourable court to refuse the application, as the applicant has not placed truthful facts before the court capable of persuading the court to exercise its discretion in his favour,” the prosecutor argued.
After hearing submissions from both parties, Justice Umar adjourned the matter until June 30 for ruling.
Following the adjournment, the defence made an oral application requesting that Sowore be released to his legal team pending the ruling, assuring the court that he would be produced on the scheduled date.
The prosecution opposed the request, describing it as unusual and arguing that such an application should be formally filed to allow the prosecution adequate opportunity to respond.
The defence, however, maintained that the request fell within the court’s discretionary powers and would not interfere with the pending ruling.
Counsel also informed the court that Sowore was reportedly experiencing health challenges while in custody and urged the court to consider the application on humanitarian grounds.
Although the prosecution acknowledged the court’s discretion, it cautioned against the potential public perception of granting such a request before the ruling.
Justice Umar subsequently declined the application, observing that granting temporary release at that stage would undermine the purpose of adjourning the case to prepare and deliver a considered ruling.
The judge noted that he was yet to fully review all the processes filed by both parties and therefore ordered that Sowore remain in custody until the court delivers its ruling on June 30.
