A Federal High Court on Tuesday in Abuja cautioned counsel to the presidential candidate of the African Action Congress (AAC) in the 2023 election, Omoyele Sowore, Marshall Abubakar, against deploying tactics to delay a suit filed against the politician by the Department of State Services (DSS).
The DSS is prosecuting Sowore for allegedly making false claim against the person of Present Bola Tinubu by referring to him as a criminal in a post he made on his “X” and Facebook accounts.
An official of the DSS, Cyril Nosike explained the rationale behind Sowore’s prosecution while being cross-examined on Tuesday by the defendant’s lawyer, Marshall Abubakar.
During the cross- examination, counsel to the DSS, Akinlolu Kehinde, SAN, draw the attention of the court to what he described as frivolous and dilatory tactics deployed by Sowore’s lawyer.
Responding, the trial judge, Justice Mohammed Umar, cautioned Abubakar, and assured the prosecution that the court would not entertain any move to delay the trial.
Abubakar, who played a video in court showing President Tinubu promising to protect the rights of all Nigerians, including those abusing him and calling him names, asked the witness to explain why the DSS decided to file the charge against his client despite the President’s promise.
In response, the witness said his organisation filed the charge because of the security implications of the post made by Sowore.
The witness said the video of President Tinubu, posted by Sowore on his social media platforms, was made in Brazil when the President went there on state visit.
Nosike said he was not in Brazil with the President and did not personally record the video, which was also played in court again on Tuesday at Abubakar’s request.
The witness said he downloaded the video when it was posted by the defendant, adding that he neither knew when the video was uploaded nor when it was made.
The witness also said he neither knew who recorded the video nor
where the video was made in Brazil.
Nosike said he did not interview the President regarding this video and that he did not also take any statement from the President to confirm if he was the person in the video.
The witness also said he did not take statement from the President on the effect or otherwise of the video on him and that he did not know whether or not the President is aware of the post made by Sowore.
He said he did not have before the court any defamation complaint from the President.
The DSS officer, who said the President is the victim of the alleged post made by Sowore, said he is not aware that the DSS put Sowore on trial in 2019 for calling for a revolution in the country.
The witness also said that is not aware that 2019 trial of the defendant is on the website of the DSS and is equally unaware that the defendant’s phone has been with the DSS since 2019.
He said he did not know anything about a judgment of the court asking the DSS to release Sowore’s three phones to him.
At that point Abubakar tendered a certified true copy (CTC) order made on February 19, 2024 by Justice Emeka Nwite of the Federal High Court in Abuja, which the defence lawyer claimed directed the DSS to release his client’s phones.
The judge admitted the document in evidence.
Abubakar also tendered a flash drive containing some videos, including one where President Tinubu, dressed in Igbo traditional attire, promised to protect the rights of all, and another one showing now Ambassador-designate, Reno Omokri, vowing not to accept any appointment under President Tinubu and calling him a drug lord during the last electioneering campaign.
The video clips were later played in open court at Abubakar’s request.
The witness said he did not know whether or not his agency carry out checks and screening of government’a appointees like judges, ministers and ambassadors.
Nosike said he could not say why the DSS cleared Omokri, who called the President a drug lord, for ambassadorial appointment.
Further hearing in the case resumes on February 4.