The cyberbullying trial of African Action Congress (AAC) presidential candidate Omoyele Sowore stalled on Thursday after he failed to appear at the Federal High Court, having travelled to Ekiti State to launch his presidential campaign.
Sowore personally wrote to the court’s chief registrar to explain his absence and request an adjournment, prompting Justice Mohammed Umar to move proceedings to November 3.
The judge disclosed the letter after the case was called and neither Sowore nor his lead counsel, Adeyinka Olumide-Fusika, SAN, was present.
Lead prosecutor Akinlolu Kehinde, SAN, told the court that he had not been informed of Sowore’s decision to miss the hearing and had not received a copy of the letter.
Kehinde questioned why the defendant had written directly to the court despite having legal representation, arguing that the correspondence should have come through his lawyer and been copied to the prosecution. “The defendant has counsel, a Senior Advocate representing him.”
“He (Sowore) has acted against all the known principles of practice, as you do not do correspondence to the court without copying the other counsel.”
A junior lawyer, C.S. Etonyeaku, appeared at Thursday’s proceedings on behalf of Olumide-Fusika.
The court also heard that the prosecution had filed a motion challenging Sowore’s request to compel Kehinde to testify as a witness in the case.
Sowore, through his lawyer, had previously informed the court that the lead prosecutor was served with a subpoena in September requiring him to take the witness stand.
The prosecution objected and asked the court to set aside the subpoena. The court subsequently directed the prosecution to file a formal application setting out its objections.
Kehinde said his team complied with the October 27 deadline given by the court but accused the defence of failing to file its response by October 28.
He described the failure as disobedience to a court order.
Justice Umar adjourned the matter at Sowore’s request until November 3 for the hearing of the prosecution’s motion and continuation of the trial.
The case stems from comments Sowore posted on his verified X and Facebook accounts last August after President Bola Tinubu, during a visit to Brazil, said his administration had ended or significantly reduced corruption and improved Nigeria’s investment climate.
Responding to the president’s remarks, Sowore wrote. “This criminal @officialABAT actually went to Brazil to state that there is NO MORE corruption under his regime in Nigeria. What audacity to lie shamelessly!”
The Department of State Services (DSS) considered the post false, malicious and capable of inciting public disturbance or a breakdown of law and order, forming the basis of the ongoing prosecution.
Erizia Rubyjeana
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