The Federal Government has re-arraigned human rights activist, Omoyele Sowore, on a two-count amended charge bordering on alleged cyberstalking against President Bola Tinubu.
Sowore, who pleaded not guilty to the amended charge, is accused of tagging Tinubu a “criminal” on X and Facebook.
At the resumed hearing before the Federal High Court, counsel for the Department of State Services, Akinlolu Kehinde, informed Justice Mohammed Umar that the charge had been amended to remove X and Facebook as defendants, leaving Sowore as the sole defendant in the case.
While the prosecution declared its readiness to commence trial and indicated that a witness was present in court, Sowore’s counsel, Abubakar Marshal, opposed the move. He argued that the prosecution failed to attach the witness’s details and statement on oath to the amended charge.
Marshal cited Section 36(6) of the Nigerian Constitution, stressing that the law requires the names and depositions of witnesses to be front-loaded to enable the defendant prepare an adequate defence.
In response, Kehinde contended that granting another adjournment would not serve the interest of justice, noting that previous delays in the matter were largely at the instance of the defence. He urged the court to allow the trial to proceed.
However, Marshal maintained his objection, insisting that the prosecution had breached the provisions of the Administration of Criminal Justice Act by failing to front-load the defendant’s statement and the names of intended witnesses. He argued that the Federal Government was duty-bound to supply the defence with the list of witnesses, their identities, and summaries of their proposed testimonies.
Kehinde countered that such procedural requirements were applicable mainly to Magistrates’ Courts, adding that where witnesses are intelligence officers, the defence could request an adjournment or stand-down to adequately cross-examine them.
After hearing arguments from both sides, Justice Mohammed Umar adjourned the matter to January 22 for the commencement of trial.
What you should know
The case against Omoyele Sowore centres on allegations of cyberstalking linked to comments made about President Bola Tinubu on social media.
The amended charge reflects a procedural shift by removing social media platforms as co-defendants, focusing solely on Sowore’s alleged actions. The legal dispute at this stage is largely procedural, with the defence insisting on strict compliance with constitutional and criminal justice requirements before trial can begin.
The court’s adjournment keeps the matter active while underscoring ongoing tensions between prosecutorial discretion and the accused’s right to fair hearing.
