Justice Mohammed Umar of the Federal High Court, Abuja, fixed June 30 for ruling on a motion filed by Omoyele Sowore, the presidential candidate of the African Action Congress (AAC), seeking to vacate an order for his bail revocation.
Justice Umar fixed the date after Sowore’s lawyer, Raphael Adakole, moved the motion for a stay of execution of the order, which was challenged by counsel to the Department of State Services (DSS), Akinkolu Kehinde (SAN).
Earlier, when the case was called, Adakole informed the court that the matter was scheduled for the hearing of their application.
He said the motion on notice dated June 17 was filed June 19 pursuant to Sections 35(4), 36(1), and 66(a&b) of the 1999 Constitution (as amended), including Sections 169 & 352 of the Administration of Criminal Justice Act (ACJA), 2015, and the inherent jurisdiction of the court.
He prayed the court for an order setting aside the order made on June 16, revoking the bail and issuing a bench warrant against the defendant due to his non-appearance in court on the said date, and restoring the status quo before that date.
According to him, the application was accompanied by a 25-paragraph affidavit deposed to by Emmanuel Larry.
He urged the court to grant all the prayers in the application in the interest of Justice.
Upon receipt of a counter-affidavit by the prosecution, Adakole said the defence filed another affidavit on 24 June. The lawyer further urged the court to discountenance the counter-affidavit filed by the prosecution.
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Responding, Kehinde vehemently opposed the application.
In response, the DSS filed a 25-paragraph counter-affidavit, which they shall be relying on in urging the court not to grant the defence application. The senior lawyer said the prosecution also filed a written address in support of the counter-affidavit, urging the court to refuse the defendant’s application.
He argued that Sowore had not placed truthful facts before the court that were capable of swaying the court to exercise its discretion in his favour.
After listening to parties, Justice Umar adjourned the matter until June 30 for ruling. Shortly after adjournment, Adakole, who prayed the court to release Sowore to him, undertook to produce him on the next adjourned date.
Kehinde equally opposed Adakole’s request. He argued that such an application cannot be made orally.
But Adakole told the court that he was only holding a brief for a senior advocate, Adeyinka Olumide-Fusika, “of impeccable character whose words should mean something to the court”.
The judge then asked whether, if Sowore were released to the counsel, won’t it mean that he had already ruled on the application.
He, therefore, said he was more inclined to leave the matter as adjourned.
Justice Umar had, on Monday, June 22, ordered the remand of Sowore, also the publisher of Sahara Reporters, in Kuje Correctional Centre.
The judge, in a short ruling, ordered Sowore to be kept in the correctional centre pending the hearing and determination of his motion for a stay of the order for revocation of his bail and bench warrant filed by Olumide-Fusika.
The judge equally dismissed Sowore’s earlier application seeking the judge’s recusal from the case on the ground of alleged bias.
The judge then adjourned the matter until June 24 for the hearing of the application for stay.
Justice Umar had, on June 16, revoked a bail granted to Sowore following his failure to appear in court for his trial.
Justice Mohammed Umar, in a ruling on an oral application made by the lawyer to DSS, also issued a bench warrant for his arrest.
The DSS is prosecuting Sowore for allegedly making false claims against the person of President Bola Tinubu by referring to him as “a criminal” in a post he made on his “X” and Facebook accounts
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