The presidential candidate of the African Action Congress (AAC) and publisher, Omoyele Sowore, has yet to fulfil the bail conditions granted by Justice Mohammed Umar of the Federal High Court in Abuja in the alleged defamation case filed against him by the Department of State Services (DSS).
The case resumed on Monday over allegations that Sowore defamed President Bola Tinubu by referring to him as a criminal on his social media platforms.
During the proceedings, counsel to the DSS, Akinlolu Kehinde (SAN), informed the court that the defendant had not complied with the conditions attached to his bail.
The prosecution therefore urged the court to order that Sowore be remanded at the Kuje Correctional Centre pending compliance.
Although Justice Umar had earlier released Sowore to the custody of his lawyer while awaiting the completion of the bail process, the prosecution maintained that there had been no communication from the defence regarding any difficulty in meeting the conditions.
Kehinde also noted that no formal application had been filed seeking a variation of the bail terms.
Responding on behalf of the defendant, defence counsel Olumide Fusika argued that bail should not be treated as a form of punishment but rather as a guarantee that the accused will appear for trial.
He insisted that it was inaccurate to suggest that the bail conditions had not been substantially complied with.
According to Fusika, verification of the required documents had been largely completed, while the defendant’s passport would be deposited with the court before the close of business on Monday.
The defence lawyer explained that there had been a slight delay in retrieving the passport from the United States Embassy in Lagos because embassy officials observed a public holiday on Friday, July 4, to commemorate America’s 250th Independence Anniversary.
Fusika therefore appealed to the court to allow Sowore to remain in his custody until the next hearing, assuring the judge that all outstanding bail requirements would be completed.
He said every necessary step was being taken to ensure full compliance before the adjourned date of July 13.
Meanwhile, the defendant officially opened his defence by presenting his first witness, Abuja-based lawyer, Deji Adeyanju.
While giving evidence, Adeyanju told the court that President Tinubu had publicly stated during an official engagement in Benue State that Nigerians have the constitutional right to criticise, insult and call him names without interference from law enforcement agencies.
The witness further testified that the President had urged security agencies to respect citizens’ rights as part of democratic governance.
Adeyanju also told the court that Tinubu had emphasised that the judiciary should serve as a protector of the people and must never become an instrument for suppressing dissent or persecuting government critics.
Video recordings of the President’s remarks were tendered before the court as evidence through a flash drive and admitted as an exhibit.
After taking the testimony of the first defence witness, Justice Mohammed Umar adjourned the matter until July 13 for the continuation of the trial.
