Court Dismisses Sowore’s No-Case Submission in Cyberbullying Trial, Fixes May 19 to Open Defence

Justice Mohammed Garba Umar of the Federal High Court in Abuja on Friday dismissed the no-case submission filed by activist and former presidential candidate of the African Action Congess, Omoyele Sowore, in the cyberbullying charges instituted against him by the Department of State Services (DSS).

The DSS had charged Sowore over alleged cyberbullying of President Bola Ahmed Tinubu, accusing him of referring to the President as a “criminal” on his social media platforms.

In his ruling, Justice Umar held that the prosecution had established a prima facie case requiring the defendant to open his defence. The court subsequently fixed May 19 for Sowore to enter his defence in the two-count charge.

Sowore had earlier urged the court to discharge and acquit him, arguing in his no-case submission that the prosecution failed to establish sufficient evidence linking him to the alleged offences.

In the long ruling, Justice Umar faulted Sowore’s arguments that the DSS provided only one witness, that the victim, President Bola Tinubu, wasn’t invited to testify. He held that the DSS successfully linked Sowore to the alleged crime, and that the defendant did not deny posting the offensive messages online.

The judge further ruled that the Supreme Court has long established that any evidence, no matter how small that links a defendant to an alleged crime is sufficient to establish a prima facie case established against the defendant to warrant his defence in the allegations against him.

Shortly after the ruling, counsel to the DSS, Akinlolu Kehinde, SAN, told the court that he was ready to proceed with the trial. However, Sowore’s counsel, Marshall Abubakar, rose to appeal to the judge that his client has something important to tell the court.

Even though counsel to the DSS protested the move, insisting that the rule was that a defendant may be represented in court by a counsel or by himself, not both, the judge allowed Sowore use the microphone to address the court.

He began by openly accusing the Judge of bias, and asked the judge to recuse himself, as he wasn’t sure of getting justice in his court.

He alleged that the judge was in cohort with the federal government convict him at all costs so as to prevent him from contesting the 2027 general election.

His counsel, Abubakar echoed the same sentiment, asking the Judge to return the case file to the Chief Judge of the Federal High Court for re-assignment to another judge,

The DSS lawyer, Akinlolu Kehinde SAN who had earlier asked the Judge not to grant audience to Sowore but his counsel on record, prayed that the recusal application be discarded.

In a brief ruling, Justice Umar ordered Sowore to file formal application for recusal and state his grievances,

He thereafter fixed May 19 for the defendant to open his defence.