Sowore to Remain in Kuje Prison as Court Adjourns Ruling on Bench Warrant

OMOYELE Sowore, the presidential candidate of the African Action Congress (AAC), will remain in Kuje Correctional Centre until at least June 30, after a Federal High Court in Abuja adjourned ruling on his motion to vacate an order revoking his bail.

Justice Mohammed Umar fixed the date after listening to arguments from both the defence and the prosecution on Tuesday. Sowore, who is also the publisher of Sahara Reporters, is being prosecuted by the Department of State Services (DSS) for allegedly making false claims against President Bola Tinubu, whom he referred to as “a criminal” in posts on his X and Facebook accounts.

Arguments in Court

Sowore’s lawyer, Raphael Adakole, moved an application for a stay of execution of the order that revoked his client’s bail and issued a bench warrant. The motion, dated June 17 and filed June 19, was brought pursuant to Sections 35(4), 36(1), and 66(a&b) of the 1999 Constitution (as amended), as well as Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA), 2015.

Adakole urged the court to set aside the June 16 order and restore the status quo ante, arguing that the application was supported by a 25-paragraph affidavit deposed to by one Emmanuel Larry. He further urged the court to dismiss the counter-affidavit filed by the prosecution.

However, DSS counsel Akinkolu Kehinde (SAN) vehemently opposed the application. He argued that Sowore had not placed truthful facts before the court capable of swaying the court to exercise its discretion in his favour. The prosecution filed a 25-paragraph counter-affidavit and a written address, urging the court to refuse the defence’s application.

Release Request Denied

Following the adjournment, Adakole made an oral application for Sowore to be released to him, undertaking to produce him on the next adjourned date. Kehinde opposed the request, arguing that such an application could not be made orally.

Adakole countered that he was holding a brief for a senior advocate, Adeyinka Olumide-Fusika, “of impeccable character whose words should mean something to the court.”

Justice Umar, however, declined the request, noting that granting it would effectively amount to a ruling on the substantive application. He said he was more inclined to leave the matter as adjourned.

Background

Justice Umar had on June 16 revoked Sowore’s bail and issued a bench warrant for his arrest after he failed to appear in court for his trial. On June 22, the judge ordered Sowore’s remand in Kuje Correctional Centre pending the hearing of his motion for a stay of execution. The judge also dismissed an earlier application by Sowore seeking his recusal from the case on grounds of alleged bias.