Human rights activist and former African Action Congress (AAC) presidential candidate, Omoyele Sowore, is back before the Federal High Court in Abuja on Monday as proceedings continue in the case filed against him by the Department of State Services (DSS) over his public description of President Bola Tinubu as “a criminal.”

The trial, before Justice Mohammed Umar, is one of several legal cases involving the activist, who has consistently criticised the Tinubu administration over governance, corruption, insecurity and human rights issues.

Monday’s sitting follows a dramatic hearing last week during which Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), unexpectedly appeared in court and attempted to take over the prosecution from the government’s counsel, A.T. Kehinde (SAN).

The move came after the Director-General of the DSS, Tosin Ajayi, failed to appear in court despite being subpoenaed to testify in the matter. Sowore’s lead counsel, Adeyinka Olumide-Fusika (SAN), opposed the Attorney General’s attempt to assume control of the prosecution, arguing that the proper legal procedure had not been followed since no formal application had been filed before the court.

Although Fagbemi maintained that criminal prosecutions are constitutionally under his office, he eventually withdrew the oral application after objections from the defence and held brief consultations with opposing counsel on the next hearing date.

During the previous proceedings, Olumide-Fusika also told the court that if the DSS Director-General could not be produced for cross-examination, the defence was prepared to question any senior DSS official presented by the prosecution instead. Justice Umar subsequently adjourned the case to Monday for the continuation of trial.

The judge had also suggested that the matter continue during the court’s annual vacation, but defence counsel declined, explaining that he would be proceeding on his scheduled leave after Monday’s hearing.

The hearing ended on a lighter note as Fagbemi commended Olumide-Fusika for what he described as a “fantastic job” in defending his client, joking that the senior lawyer should be charging Sowore hefty legal fees.

Olumide-Fusika replied that he was representing not a wealthy client but “a fighter for the public.”

Responding, the Attorney General remarked that he agreed Sowore was “a fighter for public good,” but added that “there are limits,” drawing laughter from those in the courtroom.
Justice Umar also disclosed that he had approved a request for the temporary release of Sowore’s passport to enable him attend an appointment at the United States Embassy.