Justice Mohammed Umar of the Federal High Court, Abuja, has directed African Action Congress (AAC) presidential candidate and online publisher, Omoyele Sowore, to open his defence in his ongoing trial over the alleged criminal defamation of President Bola Tinubu.
In a ruling delivered on Thursday, the judge rejected a request by Sowore’s counsel, Marshall Abubakar, seeking an adjournment until after the court’s forthcoming vacation.
Justice Umar subsequently ordered that proceedings continue on a day-to-day basis, beginning on June 5, when the defendant is expected to commence his defence.
Sowore is being prosecuted by the Department of State Services over allegations that he made defamatory statements about President Tinubu by referring to him as “a criminal” in posts published on his X and Facebook accounts.
At the hearing, prosecuting counsel Akinlolu Kehinde (SAN) informed the court that the matter had been fixed to receive the response of the Chief Judge to a letter dated May 19, 2026, in which Sowore requested that the case be reassigned to another judge.
Kehinde stated that he was served with the Chief Judge’s response, dated May 22, on May 26. According to him, the request was declined and the trial court was directed to continue hearing the matter.
He thereafter applied for an order directing the defendant to enter his defence.
In response, defence counsel Marshall Abubakar argued that part of the Chief Judge’s letter permitted the defendant to file a formal application to be considered in open court.
Abubakar also urged the court to adjourn proceedings until after the vacation period, citing his client’s intention to participate in the forthcoming presidential election.
However, Kehinde rejected that interpretation, maintaining that the Chief Judge’s response contained no directive requiring the filing of an application for recusal.
“The letter from the Chief Judge of this court did not ask the defendant or his counsel to file an application for recusal. So, it is disingenuous for counsel to read into the letter an interpretation that the Chief Judge did not include in the letter,” he argued.
Following submissions by both parties, Justice Umar personally reviewed the Chief Judge’s letter and agreed with the prosecution’s position.
“From the content of the letter, there is nowhere the defendant is asked to file an application before this court.
“This court is not denying the defendant the right to file any application. This can be done anytime before judgment,” the judge held.
Justice Umar noted that the case had reached the stage where the defendant was required to open his defence and consequently directed Sowore to proceed accordingly.
The judge further ordered that the trial continue on a daily basis in line with the provisions of the Administration of Criminal Justice Act (ACJA).
A subsequent request by the defence for a longer adjournment was opposed by the prosecution, which argued that the law required the defence to proceed without delay.
“There is no room for dilatory practice for defendant facing a criminal trial,” Kehinde said, adding that the defence must either continue with its case or risk being foreclosed.
The matter was subsequently adjourned until June 5 for Sowore to open his defence.