By Deborah Nnamdi
The Federal High Court in Abuja has fixed June 30 for ruling on an application filed by activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, seeking to set aside the revocation of his bail and the bench warrant issued for his arrest.
Justice Mohammed Umar scheduled the ruling after hearing arguments from Sowore’s counsel, Raphael Adakole, and the legal team representing the Department of State Services (DSS), led by Senior Advocate of Nigeria, Akinkolu Kehinde.
At Wednesday’s proceedings, Adakole informed the court that the matter was slated for hearing on a motion dated June 17 and filed on June 19. He said the application sought an order setting aside the court’s June 16 decision revoking Sowore’s bail and issuing a bench warrant following his failure to appear in court.
According to the defence, the application was brought under relevant provisions of the 1999 Constitution and the Administration of Criminal Justice Act (ACJA), 2015. Adakole argued that the court should restore the status quo that existed before the June 16 order and grant the reliefs sought in the interest of justice.
He told the court that the application was supported by a 25-paragraph affidavit and that the defence had also filed a further affidavit and a reply on points of law in response to the prosecution’s counter-affidavit.
The lawyer urged the court to discountenance the DSS’s opposition and grant the application.
However, Kehinde opposed the request, relying on a 25-paragraph counter-affidavit and a written address filed by the prosecution. He argued that Sowore had failed to place sufficient and truthful facts before the court to justify the exercise of judicial discretion in his favour.
After listening to submissions from both parties, Justice Umar adjourned the matter until June 30 for ruling.
Shortly after the adjournment, Adakole requested that Sowore be released to him pending the court’s decision, assuring the court that he would produce the defendant on the next adjourned date.
The prosecution opposed the oral request, arguing that such an application could not be validly made without a formal motion. Adakole, however, maintained that he was appearing on behalf of senior lawyer Adeyinka Olumide-Fusika, whose undertaking should carry weight before the court.
Justice Umar declined the request, observing that releasing Sowore at that stage could amount to determining the substantive application before delivering a ruling. He subsequently maintained the earlier order.
Sowore, who is also the publisher of Sahara Reporters, was remanded at the Kuje Correctional Centre on Monday pending the hearing and determination of his application challenging the revocation of his bail.
The court had earlier dismissed an application seeking the judge’s recusal over allegations of bias.
Justice Umar 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 in posts published on his X and Facebook accounts.
