The Federal High Court in Abuja on Friday dismissed a no-case submission filed by Omoyele Sowore, publisher of Sahara Reporters, in his ongoing cyberbullying trial.
The State Security Service (SSS) instituted the charges against Mr Sowore after he called President Bola Tinubu a criminal in posts on his X and Facebook accounts last year.
Judge Mohammed Umar, in a ruling, ordered Mr Sowore to enter his defence in the trial.
The News Agency of Nigeria (NAN) reports that upon the conclusion of the prosecution’s case, Mr Sowore opted to make a no-case submission, urging the court to dismiss the charges without him entering a defence.
Mr Sowore, through his lawyer, Marshal 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, Mr Umar dismissed Mr Sowore’s no-case submission. He upheld the prosecution’s argument, led by Akinlolu Kehinde, a Senior Advocate of Nigeria (SAN), that a prima facie case had been established against him, warranting 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.
Bias allegation
While addressing the court, Mr Sowore accused the judge of bias, alleging that the judge humiliated his lawyer by ordering him to kneel during a court sitting.
The incident referenced by Mr Sowore occurred on 16 March.
Mr Sowore said he was not sure he would get justice in the court and asked the judge to recuse himself from the case.
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Mr Marshal, who spoke afterwards, re-echoed what his client said and asked the judge to recuse himself.
Responding, the prosecution 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, Mr 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 19 May for hearing.
(NAN)