The Federal Government has re-arraigned human rights activist, Omoyele Sowore, on a two- count amended charge of alleged cyberstalking against President Bola Tinubu.
Sowore, who pleaded not guilty to the charge, had on X, and Facebook tagged Tinubu as a “criminal”.
At the resumed hearing of the case at the Federal High Court, counsel for the Department of State Service (DSS), Akinlolu Kehinde, notified Justice Mohammed Umar of the new amended charge, which removes X and Facebook from the list of defendants, leaving Sowore as the sole defendant.
Whereas counsel for the government expressed readiness to start the trial, with a witness available in court, counsel to Sowore, Abubakar Marshal, opposed the motion.
Abubakar stated that the information of the witness and his or her statement on oath were not attached to the charge.
He cited Section 36 (6) of the Nigerian Constitution, which requires witness deposition and names be front-loaded to the charges.
Countering the position of the defendant’s counsel, Kehinde said it would not be in the interest of a fair hearing to adjourn the matter. He stated that previous adjournments in the case had been at the instance of the defendant.
Kehinde subsequently asked that the trial commence, but Sowore’s lawyer, Marshal, objected, arguing that the trial could not commence because the prosecution had violated provisions of the Administration of Criminal Justice Act by failing to front-load the defendant’s statement and the names of the witnesses.
He maintained that the Federal Government was obligated to furnish the defence with the list of witnesses, their names, and summaries of their testimonies.
Kehinde countered that such requirements apply to Magistrates’ Courts and that, regarding the names of witnesses who are intelligence officers, the defence could request a stand-down or adjournment to properly cross-examine them.
After listening to both parties, Justice Mohammed Umar adjourned the case to January 22nd for trial.