Sowore Risks Losing Defence as Court Issues Final Warning Over Repeated Delays

Omoyele Sowore

Sowore Risks Losing Defence as Court Issues Final Warning Over Repeated Delays

The Federal High Court in Abuja has issued a final warning to Omoyele Sowore, publisher of Sahara Reporters and presidential candidate of the African Action Congress (AAC), threatening to foreclose his defence in an ongoing criminal defamation trial if he fails to proceed at the next hearing. The warning came on Thursday after the Department of State Services (DSS) accused the defendant of repeatedly delaying proceedings. Justice Mohammed Garba Umar gave the stern warning during Thursday’s proceedings after Sowore sought another adjournment citing the absence of his lead counsel, Mr Adeyinka Olumide-Fusika, SAN. When the case was called, Sowore was present in court but none of his legal representatives appeared.

The DSS is prosecuting Sowore on a two-count charge of criminal defamation, cyberstalking and incitement over social media posts in which he allegedly referred to President Bola Tinubu as a “criminal”. The charges stem from posts made on his official X (formerly Twitter) and Facebook accounts in August 2025, responding to President Tinubu’s claim during a visit to Brazil that his administration had ended corruption in Nigeria. Sowore has pleaded not guilty to the charges.

When the case was called on Thursday, Justice Umar asked Sowore: “Where are your legal team?” Sowore responded that his lead counsel, Olumide-Fusika, had travelled to the United Kingdom with the court’s knowledge, while his junior lawyer, Reuben Adakole, was in another jurisdiction. He pleaded for an adjournment, stating: “I will urge your lordship to adjourn the matter because it is a serious case and I will need a lawyer to defend me.” The judge cautioned Sowore that if he sought to make any application other than for adjournment, it would mean he was choosing to represent himself in court. “If you have any application to make, it means you are planning to defend yourself,” Justice Umar said.

READ ALSO:

The DSS lawyer, Akinlolu Kehinde, SAN, vehemently opposed Sowore’s request, arguing that it marked the 11th time the trial would be adjourned at the instance of the defence. Kehinde reminded the court that there was a subsisting order for day-to-day trial under the Administration of Criminal Justice Act (ACJA), 2015. “This same excuse was given that the lead counsel was absent at the last adjourned date, and this court said that the absence of lead counsel cannot stop this proceeding,” Kehinde submitted. He urged the court to foreclose Sowore’s defence, arguing that the defendant was clearly not ready to proceed. “I urge your lordship, in the interest of justice which is a three-way traffic; justice for the prosecution, the defence and the society, to foreclose the defence and make a consequential order accordingly,” he applied.

In his ruling, Justice Umar acknowledged the defence’s right to fair hearing but expressed frustration with the repeated delays. The judge said: “Fair hearing demands that all parties be heard and the defendant presents his defence before court.” He granted what he described as a final adjournment to July 22, 2026, but warned that if Sowore failed to continue with his defence on that date, his defence would be foreclosed. “I have heard the application of the defendant… I equally listened to counsel to the prosecution that this is the 11th adjournment and that the defendant’s defence should be foreclosed. Fair hearing demands that all parties be heard,” the judge stated.

Sowore opened his defence on July 6, 2026, calling Abuja-based lawyer Deji Adeyanju as his first witness. Adeyanju testified that President Tinubu had, during an official engagement in Benue State, stated that Nigerians had the right to insult and criticise him as part of democratic governance. Video recordings of the President’s remarks were tendered as evidence. Under cross-examination, Adeyanju admitted that he had previously acted as Sowore’s lawyer but later withdrew from that role, and conceded that President Tinubu never suggested that the law should not take its course whenever an individual violates the law. The defence had previously filed a no-case submission, which the court dismissed, ruling that the prosecution had established a prima facie case requiring Sowore to enter his defence.

Sowore had been granted bail in the sum of ₦200 million with two sureties in like sum. The conditions required one surety to be a traditional ruler from his community and the second to own landed property in Abuja. He was also ordered to deposit his international passport with the Deputy Chief Registrar. Shortly after Thursday’s ruling, Sowore applied to the court to release his passport for submission to the U.S. Embassy, citing a family emergency involving his children in the United States. Justice Umar directed him to file a formal application, allowing the prosecution to respond before a decision is made.

The trial continues on July 22, 2026, with Sowore facing the possibility of having his defence foreclosed if he fails to proceed.