Sowore Remains in Kuje Custody as Court Defers Ruling on Bail Revocation

By Micheal Chukwuebuka

Presidential candidate of the African Action Congress (AAC), Omoyele Sowore, will remain at the Kuje Correctional Centre until at least 30 June after a Federal High Court in Abuja adjourned its ruling on his application seeking to set aside the revocation of his bail.

Justice Mohammed Umar fixed the date following submissions by both the defence and prosecution on Tuesday. Sowore, publisher of Sahara Reporters, is facing prosecution by the Department of State Services (DSS) over allegations that he made false claims against President Bola Tinubu, whom he described as “a criminal” in posts published on his X and Facebook accounts.

Court Proceedings

Counsel to the defendant, Raphael Adakole, urged the court to grant a stay of execution of the order revoking Sowore’s bail and issuing a bench warrant for his arrest. The application, dated 17 June and filed on 19 June, was brought pursuant to Sections 35(4), 36(1) and 66(a) and (b) of the 1999 Constitution (as amended), as well as Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA) 2015.

Adakole asked the court to vacate the 16 June order and restore the previous position, arguing that the application was supported by a 25-paragraph affidavit sworn by Emmanuel Larry. He also urged the court to discountenance the counter-affidavit filed by the prosecution.

Opposing the application, DSS counsel Akinkolu Kehinde (SAN) argued that Sowore had failed to place sufficient and credible facts before the court to warrant the exercise of its discretion in his favour. He noted that the prosecution had filed a 25-paragraph counter-affidavit alongside a written address, urging the court to dismiss the application.

Application for Release Rejected

Following the adjournment, Adakole made an oral application requesting that Sowore be released into his custody, with an undertaking to produce him before the court on the next adjourned date.

Kehinde opposed the request, contending that such an application could not properly be made orally.

In response, Adakole stated that he was holding brief for senior advocate Adeyinka Olumide-Fusika, describing him as “a person of impeccable character whose assurances should carry weight before the court”.

Justice Umar, however, declined the request, observing that granting it would effectively amount to determining the substantive application before the court. He stated that he was minded to maintain the status quo pending the ruling.

Case Background

Justice Umar had on 16 June revoked Sowore’s bail and issued a bench warrant for his arrest after he failed to appear for his trial. On 22 June, the court ordered his remand at the Kuje Correctional Centre pending the hearing of his application for a stay of execution.

The judge had also dismissed an earlier application in which Sowore sought his recusal from the case on allegations of bias.