A Federal High Court in Abuja has fixed June 30 to rule on an application filed by African Action Congress (AAC) presidential candidate, Omoyele Sowore, seeking to set aside the order revoking his bail and the bench warrant issued for his arrest.
Justice Mohammed Umar adjourned the matter on Wednesday after hearing arguments from Sowore’s counsel, Raphael Adakole, and counsel to the Department of State Services (DSS), Akinkolu Kehinde (SAN), on the application.
Moving the motion, Adakole told the court that the application, dated June 17 and filed on June 19, was brought under relevant provisions of the 1999 Constitution (as amended), the Administration of Criminal Justice Act (ACJA) 2015 and the court’s inherent jurisdiction.
He urged the court to vacate its June 16 order revoking Sowore’s bail and issuing a bench warrant over his failure to appear for trial, and restore the status quo pending the determination of the case.
According to the defence lawyer, the application is supported by a 25-paragraph affidavit deposed to by Emmanuel Larry. He also informed the court that the defence had filed a further affidavit on June 24 in response to the prosecution’s counter-affidavit and urged the court to disregard the prosecution’s objections.
Opposing the application, DSS counsel Kehinde relied on a 25-paragraph counter-affidavit and a written address, arguing that Sowore had failed to present sufficient facts to justify the court’s exercise of discretion in his favour.
After hearing both parties, Justice Umar reserved ruling until June 30.
Following the adjournment, Adakole applied for Sowore to be released into his custody pending the ruling, assuring the court that he would produce his client on the next adjourned date.
Kehinde opposed the request, arguing that such an application could not be made orally.
Responding, Adakole said he was holding brief for senior advocate Adeyinka Olumide-Fusika, whom he described as “of impeccable character whose words should mean something to the court.”
Justice Umar, however, declined the request, observing that granting the application would amount to deciding the substantive matter before delivering his ruling.
The judge had on June 22 ordered Sowore, who is also the publisher of Sahara Reporters, to be remanded at the Kuje Correctional Centre pending the hearing of his application for a stay of execution of the bail revocation order.
The court also dismissed Sowore’s application seeking Justice Umar’s recusal from the case over alleged bias.
Justice Umar had revoked Sowore’s bail on June 16 after he failed to appear in court for his trial and subsequently issued a bench warrant for his arrest.
The DSS is prosecuting Sowore over allegations that he made false claims against President Bola Tinubu by referring to him as “a criminal” in posts published on his X and Facebook accounts.
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