The Federal High Court in Abuja on Monday declined a request by the Department of State Services (DSS) to terminate the defence of African Action Congress (AAC) presidential candidate, Omoyele Sowore, opting instead to grant him another opportunity to present his case despite allegations that his legal team had repeatedly delayed proceedings.
The DSS had urged Justice Mohammed Umar to foreclose the defence after Sowore’s counsel, Adeyinka Olumide-Fusika (SAN), sought an adjournment, citing delays by the court registry in processing documents required to examine a subpoenaed witness from the DSS.
Prosecuting counsel, Akinlolu Kehinde (SAN), argued that the latest request was part of a pattern of delay that had frustrated the trial since the prosecution closed its case in March.
He maintained that the prosecution had honoured an earlier agreement by producing a representative of the DSS Director-General in court and urged the judge to invoke his case management powers by closing the defence and directing parties to file final written addresses.
Kehinde argued that while the Constitution guarantees every accused person the right to be heard, it does not permit endless delays in criminal proceedings.
But Olumide-Fusika blamed the court registry for the setback, insisting that the defence only discovered shortly before Monday’s sitting that its application for the certification of documents had already been approved.
He rejected allegations that the defence was deliberately frustrating the trial, arguing that if delay had been the objective, there would have been no reason to appear in court during the court’s vacation.
The exchanges between both senior lawyers prompted a sharp rebuke from Justice Umar, who expressed dissatisfaction with the repeated postponements and the conduct of counsel in court.
The judge reminded the defence that the matter had lingered unnecessarily since the prosecution concluded its case and warned against further delays.
Despite the prosecution’s application, Justice Umar refused to close Sowore’s defence, choosing instead to adjourn the matter until September 20 for continuation of the defence.
Sowore is standing trial on charges of alleged criminal defamation, cyberstalking and incitement over social media posts in which he allegedly referred to President Bola Tinubu as a “criminal.”