A Federal High Court in Abuja has ordered the presidential candidate of the African Action Congress, Omoyele Sowore, to open his defence in the criminal defamation case instituted against him over alleged defamatory remarks against President Bola Tinubu.
Justice Mohammed Umar gave the directive yesterday while rejecting an application by Sowore’s counsel, Marshall Abubakar, seeking an adjournment of the case until after the court’s forthcoming vacation.
The judge subsequently ordered that proceedings in the matter continue on a day-to-day basis in accordance with the provisions of the Administration of Criminal Justice Act, with Sowore scheduled to commence his defence on Friday, June 5.
Sowore is being prosecuted by the Department of State Services over allegations that he made false claims against President Tinubu by describing him as “a criminal” in posts published on his X and Facebook accounts.
At Thursday’s proceedings, prosecuting counsel, Akinlolu Kehinde (SAN), informed the court that the matter had been adjourned to June 4 for the Chief Judge’s response to a letter written by the defendant on May 19, 2026, requesting that the case be reassigned to another judge.
Kehinde told the court that he was served on May 26 with a copy of the Chief Judge’s response dated May 22, in which the request was declined and the trial court was directed to continue hearing the case.
He thereafter urged the court to direct the defendant to enter his defence.
In response, Abubakar argued that part of the Chief Judge’s letter advised the defendant to file a formal application so that the issue could be addressed in open court. He also requested that the matter be adjourned until after the court’s vacation to enable his client to participate in next year’s presidential election.
Opposing the request, Kehinde maintained that the Chief Judge’s letter contained no directive requiring the defendant to file an application for recusal. He further argued that the criminal proceedings had no connection with ongoing political activities.
“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,” Kehinde said.
Following arguments by both parties, Justice Umar requested and examined a copy of the Chief Judge’s response. After reviewing the document, the judge agreed with the prosecution’s position and held that Abubakar’s interpretation was incorrect.
“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 noted that the matter had reached the stage where the defendant was required to present his defence and accordingly directed him to do so.
After the ruling, Abubakar renewed his request for an adjournment until after the court’s vacation. However, Kehinde opposed the application, insisting that the court’s order for a day-to-day trial was consistent with the law.
“The law is that the defendant shall proceed with his defence. There is no option. We are ready. There is no room for dilatory practice for a defendant facing a criminal trial,” the senior advocate said.
He added that, “the option left at this point is for the defence to continue or simply be foreclosed. It is either they continue or they are foreclosed.”
Justice Umar subsequently adjourned the matter until June 5 for Sowore to formally open his defence.