The Federal High Court in Abuja, on Wednesday, fixed June 30, 2026, for ruling on an application filed by activist and publisher Omoyele Sowore seeking the restoration of his bail and the setting aside of a bench warrant issued against him.
Justice Mohammed Umar delivered the ruling after counsel for both parties adopted their respective processes and presented arguments on the application. He also ruled that Sowore should remain in Kuje custodial custody pending the court’s ruling.
Sowore is beijg prosecuted by the Department of State Services (DSS) over alleged cybercrime and criminal defamation charges stemming from social media posts in which he allegedly referred to President Bola Tinubu as a “criminal” on his X and Facebook accounts. He has pleaded not guilty to the charges.
The court had, on June 16, revoked Sowore’s bail and issued a bench warrant against him after he allegedly failed to appear for trial.
Subsequently, Justice Umar ordered the presidential candidate of the African Action Congress (AAC) to be remanded at the Kuje Correctional Centre pending the determination of his application for a stay of execution of the bail revocation order.
At Wednesday’s proceedings, defence counsel R.O. Adakole, alongside C.S. Etonyeaku, who held the brief of Adeyinka Olumide-Fusika (SAN), informed the court that the defendant had filed a motion on notice dated June 17 and filed on June 19, 2026.
The application, brought under Sections 35(4), 36(1) and 6(6)(a) and (b) of the 1999 Constitution, as well as Sections 169 and 352 of the Administration of Criminal Justice Act, 2015, sought 12 reliefs.
Among the requests before the court were orders setting aside the June 16 decision revoking Sowore’s bail, vacating the bench warrant issued against him, and restoring the original bail conditions granted earlier in the trial.
The defence said it relied on a 34-paragraph affidavit deposed to by Emmanuel Larry and a written address filed in support of the motion.
Counsel further told the court that a 36-paragraph affidavit deposed to by Sodiq Temitope, along with a reply on points of law, was filed on June 24.
Adopting the application, the defence urged the court to grant the reliefs sought.
“We urge the court to grant the application as prayed in the interest of justice. We also urge the court to discountenance the affidavit of the complainant,” counsel submitted.
In opposition, prosecuting counsel, Akinlolu Kehinde (SAN), told the court that the Federal Government had filed a 25-paragraph counter-affidavit and accompanying written address challenging the application.
According to him, the prosecution would rely on all the paragraphs of the affidavit, particularly paragraphs 10 to 23.
“We shall be relying on the aforementioned processes, urging your Lordship to refuse the application, as the applicant has not placed truthful facts before this honourable court that are capable of swaying the mind of the court to exercise its discretion in favour of the applicant,” Kehinde argued.
After listening to both sides, Justice Umar adjourned the matter until June 30 for ruling.
Following the adjournment, the defence made an oral application seeking Sowore’s temporary release to his legal team pending the court’s decision, assuring the court that he would be produced on the next adjourned date.
The prosecution opposed the request, describing it as inappropriate and arguing that such an application should be formally filed to allow a response from the opposing party.
The defence, however, maintained that the request fell within the court’s discretionary powers and would not affect the pending ruling. Counsel also informed the court that Sowore was reportedly experiencing health challenges and urged the judge to grant the application.
While drawing attention to what it termed the “optics of the matter,” the prosecution ultimately left the decision to the court.
In his ruling on the oral request, Justice Umar noted that granting the application would undermine the purpose of the adjournment, especially as he had yet to study the various processes filed by the parties.
The judge subsequently declined the request and ordered that Sowore be returned to prison custody pending the court’s ruling on June 30.
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