By Taiye Agbaje
There was drama as Omoyele Sowore, publisher of Sahara Reporters accused judge of bias after he was ordered to open his defence in the suit filed against him by the Department of State Services (DSS) for allegedly making false claims against the person of President Bola Tinubu.
Sowore made the allegation after the Federal High Court in Abuja presided over Justice Mohammed Umar dismissed his no case submission.
Sowore is the sole defendant in the case in the cyberbullying trial.
DSS had dragged Sowore to court over a post he made on his “X” and Facebook accounts, in which he allegedly referred to the president as “a criminal.”
But at the conclusion of the prosecution’s case, rather than proceeding to conduct his defence, Sowore opted to make a no-case submission.
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 Sowore’s no-case submission and upheld the argument by lawyer to the DSS, 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 Sowore’s lawyer, Abubakar, the judge granted audience to the defendant.
While addressing the court, Sowore accused the judge of being bias, alleged that the judge humiliated his lawyer by ordering him to kneel down during one of the court’s sittings.
Sowore said he was not sure he would get justice in the court and asked the judge to recuse himself from the case.
Marshall, who spoke afterwards, re-echoed what his client said and asked the judge to recuse himself.
Responding, the prosecuting lawyer, Kehinde, disagreed with the defence oral application, arguing that such plea could only be made via a formal written application.
Ruling, Justice Umar ordered 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 hearing.
(NAN)
