Justice Mohammed Umar of the Federal High Court in Abuja has declined to admit two sets of documents presented by politician and online publisher, Omoyele Sowore, in his ongoing cyberstalking trial.
Sowore is standing trial on charges brought by the Department of State Services (DSS), which alleges that he made false claims against President Bola Tinubu by describing him as a criminal in posts shared on his X, formerly Twitter, and Facebook accounts.
In his first ruling, Justice Umar turned down an oral application by Sowore’s lawyer, Marshall Abubakar, who sought to tender printouts of several publications. These included reports on the dismissal of 115 DSS officials over misconduct, the prosecution of five former governors by the Economic and Financial Crimes Commission (EFCC), the dismissal of 27 EFCC officials for fraud and misconduct, and the arrest of former Nigerian National Petroleum Company Limited officials over an alleged ₦7.2 billion fraud.
The judge aligned with the prosecution, led by Akinlolu Kehinde, SAN, holding that the proper stage to tender such documents would be during the defence’s case. He noted that the first prosecution witness, who was under cross-examination, had stated that he was unaware of the publications, making it improper to introduce the documents through him.
Justice Umar similarly rejected a second set of documents said to contain publications alleging that President Tinubu, in 2011, referred to former President Goodluck Jonathan as “a drunkard and a sinking fisherman,” and former President Olusegun Obasanjo as “an expired meat.” The documents were marked rejected for the same reasons earlier given.
The court also addressed concerns raised by the prosecution that a member of the defence team had live-streamed earlier proceedings. While Abubakar denied the allegation and suggested the act could have been carried out by the DSS or persons linked to the Presidency, the judge described such conduct as contempt of court and warned that it was a serious matter, though he did not issue further directives before adjourning.
During cross-examination, the second prosecution witness, Cyril Nosike of the DSS, stated that President Tinubu’s official X handle at the time of the alleged posts was @officialABAT, rejecting claims that it was @PBAT. He maintained that he was not in court to offer opinions but to “state facts,” and denied knowledge of several corruption-related claims put forward by the defence.
After nearly two hours of questioning, Justice Umar cautioned that the witness had already spent two days under cross-examination. Although the defence requested an additional day, the judge granted it strictly in the interest of fairness, stressing that it would be the final opportunity.
The case was adjourned to March 5 for the continuation of cross-examination.
What you should know
The trial of Omoyele Sowore has drawn attention due to its implications for free speech, digital expression, and the limits of criticism against public officials in Nigeria.
The court’s refusal to admit documents at this stage underscores strict procedural rules guiding criminal trials, particularly on when evidence may be introduced. The warning against live-streaming proceedings also highlights the judiciary’s growing concern over courtroom decorum in the digital age.
How the defence proceeds on the final day of cross-examination may shape the direction and tone of the case going forward.
