The Federal Government on Monday, urged the Federal High Court in Abuja, to remand the presidential candidate of the African Action Congress in the 2023 election, Omoyele Sowore, for allegedly failing to perfect the conditions attached to his fresh N200m bail.
The application came as Sowore formally opened his defence in the criminal defamation case instituted against him over social media posts in which he allegedly described President Bola Tinubu as “a criminal.”
Justice Mohammed Umar had on June 30 admitted Sowore to fresh bail in the sum of N200m with two sureties after revoking his earlier bail over his failure to attend trial.
The court ordered him to produce a traditional ruler from his community as one surety, another surety with landed property in the Federal Capital Territory, and to deposit his international passport with the court.
Pending the fulfilment of the conditions, the judge released him to his lawyer.
At Monday’s proceedings, the lead prosecutor, Akinlolu Kehinde (SAN), told the court that Sowore had yet to satisfy the bail conditions, and urged Justice Umar to order his remand in the Kuje Correctional Centre.
Kehinde argued that court orders must be obeyed, adding that the defendant had neither complied with the conditions nor sought a variation of them.
He said, “The defendant was released to his lawyer to bring his passport to be deposited with the court. That has not been communicated to us, and other conditions of the bail have not been met. The law is trite, no sentiment.
“Our application is that the defendant be remanded at the correctional centre until the bail conditions are met.”
Responding, Sowore’s counsel, Olumide Fusika, SAN, argued that bail was intended to secure an accused person’s attendance in court and not to punish the defendant.
He told the court that verification of the bail documents had been substantially completed and assured the judge that Sowore’s international passport would be deposited before the close of work on Monday.
Fusika explained that there had been a slight delay in retrieving the passport from the United States Embassy in Lagos because of the country’s 250th anniversary celebrations, which resulted in a public holiday.
He urged the court to allow Sowore to remain in his custody until the next adjourned date, assuring the court that all outstanding bail conditions would be fulfilled.
Justice Umar declined the prosecution’s application and allowed Sowore to remain with his counsel.
The activist thereafter opened his defence by calling Abuja-based lawyer, Deji Adeyanju, as his first witness.
Led in evidence by Fusika, Adeyanju told the court that President Tinubu, during an official engagement in Benue State, stated that Nigerians had the right to criticise, insult and call him names as part of democratic freedoms.
The witness further testified that the President had also said the judiciary should remain a guardian of the public, and not be used as an instrument of oppression against critics.
Video recordings of the President’s remarks were tendered and admitted in evidence through a flash drive.
Justice Umar subsequently adjourned the case until July 13 for continuation of the trial.
