The Federal High Court has adjourned the ongoing alleged cyberbullying case against the presidential candidate of the African Action Congress, Omoyele Sowore, until October 2.
The adjournment will allow Sowore to continue presenting his defence in the suit filed against him by the Department of State Services.
Sowore is facing prosecution over social media posts he made in August 2025 on X, formerly Twitter, and Facebook, in which he referred to President Bola Tinubu as a “criminal” and accused him of misrepresenting the extent of corruption in Nigeria.
The prosecution had earlier concluded its case, after which Sowore filed a no-case submission. The court rejected the application and directed him to open his defence.
His separate application seeking the withdrawal of the trial judge from the case was also unsuccessful after his allegation of bias was rejected by the Chief Judge of the court.
At Monday’s proceedings, prosecuting counsel, Akinlolu Kehinde (SAN), informed the court that the matter had originally been scheduled for September 28 for the continuation of Sowore’s defence.
However, defence counsel, Adeyinka Olumide-Fusika (SAN), told the court that the defence was expecting a witness subpoenaed from the DSS and might not be able to proceed in the witness’s absence.
He recalled that at the previous hearing, Attorney General of the Federation, Lateef Fagbemi (SAN), had reached an understanding with the defence that another DSS officer would appear on behalf of the agency’s Director-General, who had initially been subpoenaed.
According to the defence lawyer, no DSS representative appeared in court to stand in for the Director-General.
He said the defence would therefore have to seek another adjournment, adding that the subpoenaed witness could potentially be compelled to appear through a warrant.
Olumide-Fusika also presented newspaper reports to the court concerning alleged plans by the DSS to ask for the proceedings to be suspended until after the next general elections.
He said the reports had led him to expect the prosecution to request a lengthy adjournment when the court resumed after its annual vacation.
When Justice Mohammed Umar asked why no DSS official had appeared despite the understanding reached with the AGF, Kehinde argued that producing a defence witness was not the responsibility of the prosecution.
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He maintained that the defence was responsible for ensuring that its witness attended court.
Kehinde also criticised the defence’s reliance on reports published on social media, saying he was unaware of the publications and urging the court to disregard them.
The prosecutor further asked the judge to direct Sowore to proceed with his defence, warning that he would otherwise seek an order to foreclose the defence.
Justice Umar, however, ruled that the absence of the subpoenaed witness warranted giving the defence another opportunity to secure the witness’s attendance.
The judge subsequently adjourned the case until October 2 for the continuation of Sowore’s defence.