The Federal High Court in Abuja has thrown out the no-case submission filed by activist and former presidential candidate Omoyele Sowore in a cyberbullying case instituted by the Department of State Services over alleged defamatory remarks against President Bola Tinubu.
Delivering judgment on Friday, Justice Mohammed Garba Umar held that the evidence presented by the prosecution was sufficient enough to require the defendant to respond to the allegations.
Sowore had been arraigned on a two-count charge relating to alleged cyberbullying, with the DSS accusing him of describing President Tinubu as a “criminal” in a post on his X account.
In his no-case application, Sowore argued that the prosecution had failed to establish any link between him and the alleged offence and urged the court to discharge him.
The court, however, ruled that the prosecution had successfully presented a case that needed a defence from the accused.
“In view of the evidence before the court, a prima facie case has been made out against the defendant requiring him to enter his defence,” the judge stated.
Following the ruling, proceedings became tense as Sowore openly questioned the court’s neutrality, alleging bias in the handling of the matter.
He asked Justice Umar to step aside from the case and forward the file to the Chief Judge for reassignment, claiming he could not receive a fair hearing.
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Sowore’s counsel, Marshall Abubakar, supported the application, arguing that the defence had lost confidence in the court.
However, counsel to the DSS, Akinlolu Kehinde (SAN), objected, urging the court to dismiss the request.
Justice Umar thereafter directed Sowore to formally file his application for recusal, stating his grounds in writing.
The matter was adjourned till May 19 for the commencement of defence and hearing of the recusal motion.