The Publisher of Sahara Reporters, Omoyele Sowore, on Monday opened his defence in his ongoing trial over alleged defamation.
Sowore’s counsel, Adeyinka Olumide-Fusika, called the first defence witness in the case against his client, Deji Adeyanju.
While being led in evidence by the lawyer, Adeyanju, a human rights lawyer and activist, gave evidence that President Bola Tinubu had publicly stated that citizens had the right to criticise and “even insult him” as part of democratic governance.
The witness also told the court that the President, in one of his remarks in Benue State, urged the judiciary “not to allow itself to become an instrument of oppression” against critics of the government.
He said President Tinubu made those remarks before Sowore, who is also the presidential candidate of the African Action Congress (AAC).
Earlier when the case was called, Olumide-Fusika said though the court gave an order for Sowore to open his defence, he said he was constrained.
He said he would need a television screen to play video recordings containing the President’s remarks or show some of the exhibits already before the court, including additional evidence they planned to bring.
He said prior to the commencement of trial, he approached the court Registrar and told about the request for a television screen.
“We also approached the DCR (Deputy Chief Registrar) and we understand it was too late for today,” he said.
The lawyer, however, said that when his question gets to where the video evidence would be played, an adjournment would be sought.
Counsel to the Department of State Services (DSS), Akinlolu Kehinde (SAN), did not object.
Kehinde however urged Olumide-Fusika to make proper arrangements before the next adjourned date because the prosecution had concluded its case in March.
When Adeyanju was called into the witness box, the DSS lawyer disagreed with Sowore’s lawyer.
He submitted that Adeyanju was a counsel on record in the team of the defendant’s lawyers.
He argued that a counsel in the list of defendant’s lawyers cannot appear as a witness at the same time.
But Olumide-Fusika responded that Kehinde’s objection was “totally groundless”.
He said: “My lord, since I have come into this matter, I have never announced Adeyanju as counsel in this matter.
“My lord, I am talking law.
“The law says that if I have any objection in the course of the proceedings, I should give my reasons at the end of the proceedings, which is what ACJA provides for.”
Justice Mohammed Umar however said Adeyanju could testify while Kehinde may raise objections in the final address.
Testifying, Adeyanju said he is a legal practitioner, whose address is located at 4, Embu Close, Wuse 2, Abuja.
He said he knows the defendant.
He added: “He is Omoyele Sowore, Publisher of Sahara Reporters and a presidential candidate of AAC for the 2027 general election.
“He is also a notable Nigerian and a human rights activist.”
The witness said he knew why Sowore was being prosecuted.
He said: “I am aware that he was alleged to have posted a message on social media: X, formerly known as Twitter, and Facebook.
“He was alleged to have sent the message to social media handle of the President at @officalPBAT.”
Adeyanju explained that social media platforms primarily serve as spaces for interaction among users.
He said users generally interact with those who follow them or with whom they already had an established connection.
Using his personal Facebook and X accounts as examples, the witness said another user cannot simply send him a direct message without first meeting the platform’s requirements such as becoming a friend or follower where applicable.