JUSTICE Mohammed Umar of the Federal High Court in Abuja has fixed June 30 for ruling on an application filed by presidential candidate of the African Action Congress (AAC), Omoyele Sowore, seeking to set aside the court order revoking his bail and issuing a bench warrant for his arrest.
News Point Nigeria reports that the judge scheduled the ruling date after hearing arguments from Sowore’s counsel, Raphael Adakole, and the lawyer representing the Department of State Services (DSS), Akinkolu Kehinde (SAN), who opposed the application.
When the matter came up on Tuesday, Adakole informed the court that the case was slated for the hearing of the defence application challenging the bail revocation order.
The lawyer explained that the motion on notice, dated June 17 and filed on June 19, was brought pursuant to Sections 35(4), 36(1), and 66(a) and (b) of the 1999 Constitution (as amended), as well as Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA), 2015, and under the inherent jurisdiction of the court.
He urged the court to set aside the order made on June 16 revoking Sowore’s bail and issuing a bench warrant against him following his absence in court on that date.
Adakole also prayed the court to restore the status quo that existed before June 16.
According to him, the application was supported by a 25-paragraph affidavit deposed to by Emmanuel Larry.
He urged the court to grant all the reliefs sought in the interest of justice.
The lawyer further informed the court that following the prosecution’s counter-affidavit, the defence had filed an additional affidavit on June 24 and urged the court to discountenance the prosecution’s response.
However, counsel to the DSS, Akinkolu Kehinde (SAN), strongly opposed the application.
The prosecution filed a 25-paragraph counter-affidavit and a written address urging the court to reject the defendant’s application.
Kehinde argued that Sowore had failed to place credible and truthful facts before the court that would 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 appealed to the court to release Sowore into his custody pending the ruling and undertook to produce him on the next adjourned date.
The request was opposed by Kehinde, who argued that such an application could not be validly made orally before the court.
In response, Adakole stated that he was merely holding brief for senior advocate, Adeyinka Olumide-Fusika, whom he described as “of impeccable character whose words should mean something to the court.”
Justice Umar, however, questioned whether granting such a request would not amount to determining the substantive application before delivering his ruling.
The judge consequently indicated that he was more inclined to maintain the existing position and leave the matter as already adjourned.
Justice Umar had earlier, on June 22, ordered the remand of Sowore, who is also the publisher of Sahara Reporters, at the Kuje Correctional Centre.
In a brief ruling delivered on that date, the judge directed that Sowore remain in custody pending the hearing and determination of his application for a stay of execution of the order revoking his bail and issuing a bench warrant.
The application was filed by his lead counsel, Olumide-Fusika.
The court also dismissed an earlier application by Sowore seeking the judge’s recusal from the case over allegations of bias.
Following that ruling, Justice Umar adjourned the matter to June 24 for hearing of the stay application.
It would be recalled that on June 16, the court revoked Sowore’s bail after he failed to appear for the continuation of his trial.
Justice Umar, acting on an oral application by counsel to the DSS, subsequently issued a bench warrant for his arrest.
The DSS is prosecuting Sowore over allegations that he made false claims against President Bola Tinubu by referring to him as “a criminal” in posts published on his X and Facebook accounts.