Proceedings in the alleged criminal defamation trial of publisher and politician Omoyele Sowore were on Monday adjourned until September 28 after a heated exchange between counsel for the defence and prosecution disrupted proceedings at the Federal High Court.
The trial judge, Justice Mohammed Umar, halted the hearing after lead defence counsel, Olumide Fusika (SAN), angrily rejected claims by the prosecution that the defence was employing “dilatory tactics” to delay the case.
The confrontation began after lead prosecutor, Akinlolu Kehinde (SAN), opposed an application by the defence for an adjournment and urged the court to foreclose the defence’s case, arguing that repeated requests for postponement amounted to “dilatory tactics.”
Fusika, however, told the court that he needed an adjournment because a crucial court document required for the day’s cross-examination had only been released to him by the court registry on Monday.
According to him, the document was essential for questioning the latest subpoenaed witness from the Department of State Services (DSS), who appeared in place of the agency’s Director-General, Oluwatosin Ajayi.
Explaining the circumstances, Fusika said he had applied for the document on July 22, while the trial judge approved the request on July 27. However, he said the registry only released the document on August 3 after earlier informing him that it could not be handed over until the judge granted approval.
He said the exhibit had already been tendered before the court and requested more time to study it before proceeding with the cross-examination.
The defence counsel also reminded the court that both parties had previously agreed that any DSS officer could testify in place of the Director-General.
Responding to the prosecution’s submission, Fusika strongly rejected the allegation that the defence was deliberately delaying proceedings.
He argued that the defence had, at the previous sitting, agreed out of respect for the Attorney-General to allow another DSS officer testify instead of insisting that the Director-General personally appear before the court.
“If the prosecution’s narrative was true, I would have insisted on Mr Ajayi’s appearance to testify as a witness in the case,” he said.
In a visibly emotional reaction, Fusika accused the prosecutor of acting unfairly.
“What sort of talk is that? I am no longer going to allow you to take my calm attitude for granted,” he said.
“My calmness should not be taken for granted. Deal with the facts. What exactly are these alleged dilatory tactics?” he added.
Fusika also described Kehinde as “acting like a persecutor,” insisting that describing the defence’s conduct as “dilatory tactics” was insulting.
As tempers flared, Justice Umar intervened, warning both senior lawyers against further misconduct in his courtroom.
“I have respected you enough. Any more of this conduct and I will refer you to the appropriate disciplinary body,” the judge cautioned.
He added:
“This should be the last time. If you are no longer interested in the case, you should say so. You cannot behave in my court in that manner.”
Following the confrontation, Justice Umar said he could no longer continue with the hearing.
“I am not in a position to continue hearing the case today,” the judge ruled before adjourning the matter to September 28 for continuation of the defence.
Sowore is standing trial over allegations of criminal defamation arising from a social media post in which he described President Bola Tinubu as a “criminal.”
The case was initially instituted by the DSS before prosecution was later taken over by the Office of the Attorney-General of the Federation.
Sowore has denied any wrongdoing and continues to contest the charges.
Boluwatife Enome
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