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Court Orders Sowore to Open Defence in Alleged Defamation Case Against Tinubu

Justice Mohammed Umar of the Federal High Court, Abuja, has ordered African Action Congress (AAC) presidential candidate Omoyele Sowore to enter his defence in the ongoing trial over the alleged criminal defamation of President Bola Tinubu.

In a ruling delivered on Thursday, Justice Umar rejected a request by Sowore’s counsel, Marshall Abubakar, seeking an adjournment of further proceedings until after the court’s forthcoming vacation.

The judge subsequently directed that the case proceed on a day-to-day basis, beginning on Friday, 5 June, when the defendant is expected to open his defence.

Sowore, an online publisher, is being prosecuted by the Department of State Services (DSS) over allegations that he made false claims against President Tinubu by referring to him as “a criminal” in posts published on his X and Facebook accounts.

At the proceedings, prosecuting counsel Akinlolu Kehinde (SAN) informed the court that the matter had been scheduled for 4 June to receive the response of the Chief Judge to a letter dated 19 May 2026, in which Sowore requested that the case be reassigned to another judge.

Kehinde said he was served on 26 May with a copy of the Chief Judge’s response, dated 22 May, in which the request was declined and the trial court was directed to continue hearing the case.

He thereafter applied for an order directing the defendant to open his defence.

Responding, Abubakar argued that part of the Chief Judge’s response required the defendant to file a formal application so that the issue could be considered in open court.

He urged the court to adjourn the case until after the court’s vacation, contending that the delay would enable his client to participate in next year’s presidential election.

In response, Kehinde challenged Abubakar’s interpretation of the Chief Judge’s letter.

He argued that the case before the court had no connection with political activities in the country.

“The letter from the Chief Judge of this court did not ask the defendant or his counsel to file an application for recusal. So, it is disingenuous for counsel to read into the letter an interpretation that the Chief Judge did not include in the letter,” Kehinde said.

Following the disagreement between both counsel over the content of the Chief Judge’s response, Justice Umar requested a copy of the letter and reviewed it in open court.

After reading the document, the judge held that Abubakar’s interpretation was incorrect.

“From the content of the letter, there is nowhere the defendant is asked to file an application before this court.

“This court is not denying the defendant the right to file any application. This can be done anytime before judgment,” Justice Umar said.

The judge added that the case had reached the stage where the defendant was required to present his defence.

He subsequently ordered Sowore to enter his defence and further directed that the hearing proceed daily in accordance with the provisions of the Administration of Criminal Justice Act (ACJA).

Following the ruling, Abubakar again sought an adjournment until after the court’s vacation.

Kehinde (SAN) opposed the application, arguing that the court’s order for daily hearing was consistent with the law.

“The law is that the defendant shall proceed with his defence. There is no option. We are ready. There is no room for dilatory practice for a defendant facing a criminal trial,” he said.

The prosecutor further argued that “the option left at this point is for the defence to continue or simply be foreclosed. It is either they continue, or they are foreclosed”.

Justice Umar subsequently adjourned the matter until 5 June for Sowore to open his defence.

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