The Federal High Court in Abuja, on Tuesday, threatened to revoke a bail granted the publisher of Sahara Reporters, Omoyele Sowore, if he makes comments considered detrimental to national peace and security.
Justice Mohammed Umar, in a ruling on Sowore’s bail application after he was arraigned by the Department of State Services (DSS), restrained him from making further statements.
Justice Umar held that since there was evidence that Sowore was a presidential candidate in the country before and having also earlier been granted bail by the court, with his international passport still being held by the court, he was entitled to be granted bail on self-recognition.
The DSS, accused Sowore of making a false claim against the person of President Bola Tinubu by referring to him as “a criminal” on his X and Facebook accounts.
The security agency, in the five counts, sued Sowore, the 2019 and 2023 presidential candidate of African Action Congress (AAC), as 1st defendant and joined X Incorp (formerly Twitter) and Meta (Facebook) Incorp as 2nd and 3rd defendants.
Earlier when the matter was called for Sowore to take his plea, his lawyer, Marshal Abubakar, challenged the competency of the charge.
Abubakar argued that a preliminary objection had been served on the counsel for prosecution, Akinlolu Kehinde, SAN.
He, however, informed the court that the preliminary objections was served on the DSS lawyer a few minutes before commencement of the proceedings.
He argued that his client cannot take a plea on a charge that was incompetent.
Responding, Kehinde vehemently objected to Abubakar ‘s submission.
The senior lawyer, who argued that the application was not ripe to be taken, said the business of the day was for Sowore’s arraignment.
He said the preliminary objections filed was part of the mischief of the 1st defendant (Sowore)’s lawyer to delay proceedings in the matter.
He reminded the court that so many adjournments had been granted at the instance of the 1st defendant in the past.
Kehinde, who cited Section 396(3) of the Administration of Criminal Justice Act (ACJA), 2015, to back his argument, said no application ought to be heard until Sowore’s arraignment.
Lawyers who appeared for X Incorp (formerly Twitter) and Meta (Facebook) Incorp (2nd and 3rd defendants), including Kehinde Ogunwumiju, SAN, did not oppose the application for the matter to proceed.
In a short ruling, Justice Umar aligned with the argument of the DSS lawyer and ordered that the arraignment should proceed.
Sowore, however, pleaded not guilty to the five counts.
Following the not guilty plea, Kehinde applied for a trial date but Abubakar said a bail application had been filed on Sowore’s behalf.
The lawyer, while arguing the bail motion dated Aug. 18, urged the court to admit Sowore to bail on self-recognizance or most liberal terms.
He said the 1st defendant was willing and ready to stand his trial and that he would not jump bail.
“He is a law-abiding citizen. He is a two-time presidential candidate.
“Just three days ago, the applicant won an election as chairman of a major political party in Nigeria, AAC.
“And that he is ready to prove his innocence before your lordship,” he said.
Abubakar, who urged the court to grant their application, undertook to always ensure that Sowore is in court for his trial.
He said the 1st defendant’s international passport was already with the deputy chief registrar of the court, hence, he cannot jump bail.
Responding, the DSS lawyer said I’m opposed to the bail application, a counter affidavit of 40 paragraphs was filed.
Kehinde, though a bail is at the discretion of the court, prayed the court to refuse Sowore’s bail plea.
He submitted that one fundamental consideration in the exercise of the discretionary power of the court in granting bail is contained in Section 162 of ACJA, 2015.
“That the applicant (Sowore) has a duty to convince my lord that where this application is granted, he will not commit another similar offence,” he said.
The senior lawyer argued that looking at Sowore’s trajectory, the instant bail cannot be granted, the applicant, having flouted a previous order of the court.
“I urge my lord to be weary in exercising this discretion.
“And if your lordship is inclined to exercising discretion, the conditions should be very stringent,” he prayed.
Ogunwumiju and Christabel Ndokwelu who appeared for X and Facebook did not oppose the application.
Justice Umar, who admitted Sowore to bail on self-recognition, barred him from making statements considered to be a threat to the country’s national unity and peace.
The judge, who warned that his bail would be revoked if the 1st defendant indulged in such an act, adjourned the matter until Jan. 19, 2026 for commencement of trial.
