Court dismisses Sowore’s “no-case” submission, orders activist to open defence in cybercrimes case

The Federal High Court in Abuja on Friday dismissed a no-case submission by activist Omoyele Sowore and ordered him to open his defence in a cyberbullying charge filed by the Department of State Services over comments against President Bola Tinubu.

Justice Mohammed Garba Umar ruled that the DSS had established a prima facie case against Sowore for allegedly calling Tinubu a “criminal” on his social media handles. The judge fixed May 19 for the defendant to begin his defence.

Sowore had asked the court to discharge and acquit him of the two-count charge, arguing that the DSS called only one witness and failed to invite Tinubu to testify.

Justice Umar rejected the argument, holding that the DSS successfully linked Sowore to the alleged offence and that he did not deny posting the messages online.

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Citing Supreme Court precedent, the judge said any evidence, however minimal, that connects a defendant to an alleged crime is enough to establish a prima facie case requiring a defence.

Shortly after the ruling, DSS counsel Akinlolu Kehinde SAN said the prosecution was ready to proceed. Sowore’s counsel Marshall Abubakar then asked the court to hear from his client directly.

Despite the DSS lawyer’s objection that a defendant cannot address the court personally while represented, Justice Umar allowed Sowore to speak.

Sowore accused the judge of bias and asked him to recuse himself, alleging he could not get justice and that the judge was “in cohort with the federal government” to convict him and block his 2027 election bid. Abubakar echoed the call, urging the judge to return the case file to the Chief Judge for reassignment.

Kehinde SAN asked the court to discard the recusal application.

In a brief ruling, Justice Umar directed Sowore to file a formal recusal application stating his grievances and maintained the May 19 date for the defence to open.