Bail Revocation: Sowore to Remain in Custody Until June 30
The Federal High Court in Abuja has fixed June 30 to rule on an application filed by the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, seeking to overturn the revocation of his bail.
Justice Mohammed Umar scheduled the ruling on Wednesday after hearing arguments from Sowore’s counsel, Raphael Adakole, and the Department of State Services (DSS), represented by Senior Advocate of Nigeria, Akinkolu Kehinde.
At the proceedings, Adakole informed the court that the matter was slated for the hearing of a motion on notice dated June 17 and filed on June 19. The application was brought under relevant provisions of the 1999 Constitution (as amended), the Administration of Criminal Justice Act (ACJA) 2015, and the court’s inherent powers.
The defence is asking the court to set aside its June 16 order revoking Sowore’s bail and issuing a bench warrant for his arrest after he failed to appear in court on that date. It also seeks the restoration of the status quo that existed before the bail revocation.
Adakole told the court that the application was supported by a 25-paragraph affidavit sworn to by Emmanuel Larry. He urged the judge to grant the application in the interest of justice.
Following the prosecution’s response, the defence filed a further affidavit on June 24, alongside a reply on points of law dated June 23. Adakole adopted both documents and asked the court to disregard the DSS’s counter-affidavit.
Opposing the application, Kehinde informed the court that the DSS had filed a 25-paragraph counter-affidavit, particularly relying on paragraphs 10 to 23, as well as a written address urging the court to dismiss the defence’s request.
The senior lawyer argued that Sowore had failed to present sufficient and truthful facts that would justify the court exercising its discretion in his favour.
After hearing submissions from both parties, Justice Umar adjourned the matter until June 30 for a ruling.
Following the adjournment, Adakole made an oral request for Sowore to be released into his custody, assuring the court that he would produce the defendant on the next adjourned date.
The prosecution opposed the request, arguing that such an application could not be made orally.
In response, Adakole explained that he was holding brief for Senior Advocate Adeyinka Olumide-Fusika, describing him as a lawyer of impeccable character whose undertaking should carry weight before the court.
Justice Umar, however, questioned whether releasing Sowore to counsel before deciding the substantive application would amount to granting the relief being sought. He declined the request and maintained the earlier adjournment.
Justice Umar had earlier, on Monday, ordered Sowore—who is also the publisher of Sahara Reporters—to be remanded at the Kuje Correctional Centre pending the hearing of his application seeking a stay of execution of the order revoking his bail and issuing a bench warrant.
The judge also dismissed an earlier application in which Sowore sought his recusal from the case over allegations of bias before fixing June 24 for the hearing of the stay application.
Sowore’s bail was revoked on June 16 after he failed to appear in court for his trial, prompting the court to issue a bench warrant for his arrest.
The DSS is prosecuting Sowore over allegations that he made false claims against President Bola Tinubu in posts published on his X (formerly Twitter) and Facebook accounts.
Source: News Agency of Nigeria (NAN).