The Federal High Court, Abuja Division, on Friday dismissed a no-case submission filed by Omoyele Sowore, publisher of SaharaReporters, in his ongoing cyberbullying trial.
Justice Mohammed Umar, in a ruling, also ordered Mr Sowore, the sole defendant in the case, to enter his defence.
Mr Sowore is being prosecuted by the State Security Service (SSS) for allegedly making false claims against President Bola Tinubu.
The defendant, in a post he made on his “X” and Facebook accounts, had allegedly referred to the president as “a criminal.”
At the conclusion of the prosecution’s case, rather than proceeding to conduct his defence, Mr Sowore opted to make a no-case submission.
Mr Sowore, through his lawyer, Marshall Abubakar, argued, among others, that no prima facie case was made against him to warrant his being called upon to enter a defence.
Delivering the ruling on Friday, Justice Umar dismissed Mr Sowore’s no-case submission and upheld the argument by the lawyer to the SSS, Akinlolu Kehinde, SAN, that a prima facie case had been established against him to warrant his being called upon to enter a defence.
The judge, therefore, ordered him to enter his defence against the case already made out against him by the prosecution.
Shortly after the ruling, and following an oral application by Mr Sowore’s lawyer, Mr Abubakar, the judge granted the defendant audience.
While addressing the court, Mr Sowore accused the judge of bias, alleging that the judge humiliated his lawyer by ordering him to kneel during one of the court’s sittings.
Mr Sowore said he was not sure he would get justice in the court and asked the judge to recuse himself from the case.
Mr Marshall, who spoke afterwards, re-echoed what his client said and asked the judge to recuse himself.
Responding, the prosecuting lawyer, Mr Kehinde, disagreed with the defence’s oral application, arguing that such a plea could only be made via a formal written application.
Ruling, Justice Umar ordered Mr Abubakar to file a formal application, which he must serve on the prosecution, stating reasons why the judge should recuse himself from the case.
The judge subsequently adjourned the matter until May 19 for a hearing.
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