Justice Mohammed Umar of the Federal High Court, Abuja, has ordered the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, to open his defence in his ongoing trial over alleged criminal defamation of President Bola Tinubu.
The judge rejected an application by Sowore’s counsel, Marshall Abubakar, seeking an adjournment of proceedings until after the court’s forthcoming vacation.
Justice Umar also directed that the trial proceed on a daily basis in line with provisions of the Administration of Criminal Justice Act (ACJA), beginning Friday, June 5, when the defendant is expected to enter his defence.
Sowore, an online publisher, is being prosecuted by the Department of State Services (DSS) over alleged defamatory statements in which he described President Tinubu as “a criminal” in posts on X and Facebook.
At Wednesday’s proceedings, prosecuting counsel, Akinlolu Kehinde (SAN), informed the court that the matter was scheduled for mention to address a response from the Chief Judge regarding Sowore’s request for the case to be reassigned to another judge.
Kehinde said the Chief Judge, in a letter dated May 22, 2026, declined the request and directed that the trial should continue before the current court.
He then urged the court to order the defendant to open his defence.
In response, Abubakar argued that part of the Chief Judge’s correspondence suggested the defendant should file a formal application to be heard in open court, and asked for an adjournment to allow his client prepare for participation in the presidential election.
However, the prosecution disputed this interpretation, insisting that the letter contained no such directive and that the trial should proceed without delay.
“The letter from the Chief Judge did not direct the defendant to file any application,” Kehinde said. “It is improper to read into it what is not there.”
After reviewing the document in open court, Justice Umar agreed with the prosecution, stating that the correspondence did not require any application from the defendant before proceedings could continue.
“This court is not denying the defendant the right to file any application at any time before judgment,” the judge ruled. “At this stage, what is required is for the defendant to enter his defence.”
Following the ruling, the defence again sought an adjournment until after the court’s vacation, but the request was refused.
The prosecution opposed the adjournment, insisting that the court had already ordered a daily hearing and that any delay would be contrary to the provisions of the law.
Justice Umar subsequently adjourned the matter until June 5 for the defendant to open his defence.
