A Federal High Court in Abuja in two rulings on Wednesday rejected two sets of documents tendered by politician and online publisher, Omoyele Sowore in his ongoing trial on cyberstalking charge.
Sowore is being prosecuted by the Department of State Services (DSS) 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.
In the first ruling on Wednesday, Justice Mohammed Umar declined an oral application by Sowore’s lawyer, Marshall Abubakar that a set of documents, comprising print outs of publications, be admitted in evidence.
The publications include media reports about DSS’ dismissal of 115 officials for misconduct, the Economic and Financial Crimes Commission (EFCC) charging five ex-governors with corruption, EFCC’s sacking 27 of its officials over fraud and misconduct and EFCC’s arrest of some ex-staff of the NNPCL over N7.2billion fraud.
In the ruling, Justice Umar agreed with prosecuting lawyer, Akinlolu Kehinde (SAN) that the best opportunity for the defendant to tender the documents is during the conduct of his defence.
The judge held that since the first prosecution witness (PW1) being cross-examined by Abubakar said he knew nothing about the publications contained in the documents, such documents could not be tendered through the witness.
“You cannot tender a document through a witness who said he did not know anything about it.
The document is marked as rejected,” Justice Umar said.
In the second ruling, the judge rejected another set of documents which comprised of print outs of publications which Abubakar claimed showed that President Bola Tinubu had in 2011 called then President Goodluck Jonathan a drunkard and sinking fisherman, and also called former President Olusegun Obasanjo “expired meat.”
The judge marked the documents rejected for the same reason he gave in rejecting the first set of documents.
Justice Umar frowned at the report by the prosecuting lawyer that a member of the defence team had live streamed previous proceedings in the case and urged the court to order an investigation to identify the person behind it.
Although Abubakar denied that any member of the defence team was involved and claimed that it could have been done by the DSS or people in the presidency, the judge said such conduct amounted to contempt of court.
Abubakar urged the court to only caution against a repeat of such incident, but to decline the request by the prosecuting lawyer that an investigation be ordered by the court.
Justice Umar said it was easy to identify the person behind the incident and that he could direct security agencies to investigate the issue because it was a serious matter.
The judge promised to probe the leaked video.
While being cross-examined, PW2, Cyril Nosike, an official of the DSS, said as at the time Sowore made the post in respect of which he is being prosecuted, President Tinubu’s official X (twitter) handle was @officialABAT
The witness rejected Abubakar’s suggestion that the President’s official X handle is @PBAT.
Nosike said he did not tender any court judgment before the court to show that corruption has ended in Nigeria.
On whether there is corruption in Nigeria, the witness said he is not a politician and cannot comment on such an issue, adding that the defence lawyer was merely asking for his opinion, saying: “I am not here to give my an opinion, but to state the facts.”
He faulted claim by Abubakar that the DSS dismissed 115 of its officials for corruption, explaining that they were dismissed after internal investigation and not because of corruption as claimed by the defence lawyer.
The witness denied knowing that in 2025 the EFCC charge five ex-governor to court because of corruption; that the EFCC arrested ex-staff of the Nigerian National Petroleum Company Limited (NNPCL) over N7.2billion fraud and that the EFCC dismissed 27 of its officers for fraud and misconduct.
On whether as a security officer he is aware of global corruption ranking, witness said he is not aware of global corruption ranking. He also said he is not aware of the Transparency International corruption index.
The witness equally said he is not aware that Nigeria is ranked 140 among the 180 countries captured in the global corruption index.
On whether he knows that as at 2011, the current president was a major opposition figure in the country, witness said he did not know.
On whether he is aware the in 2011 the current president called then President Goodluck Jonathan corrupt and shameless, the witness said he is not aware.
Nosike also said he is not aware that the current President called Jonathan a drunkard and a sinking fisherman.
On whether he knows former President Olusegun Obasanjo, the witness answered in the affirmative. He, however, said
he is unaware that President Tinubu called ex-President Obasanjo an expired meat.
The witness said he would be surprised if shown documents where Tinubu allegedly made such comments about the two former presidents.
When asked if he has heard of the name Femi Fani Kayode, who is now an ambassador designate, the witness said yes, but added that he could not recall that Fani Kayode was a vocal critic of the President before his nomination as ambassador.
Nosike denied knowledge of the claim by Abubakar that Fani Kayode made a post on social media alleging that President Tinubu knew something about the death of Funso Williams, who was a governorship candidate in Lagos State.
The witness said he is not aware that the DSS screened Fani Kayode as an ambassador designate because that did not form part of his schedule.
Nosike said he could not recall that Funso Williams was murdered in Lagos while President Tinubu was the governor of the state.
He admitted knowing Chief Reno Omokri and confirmed that Omokri is an ambassador-designate, appointed by this government.
The witness said he is not aware of Omokri’s social media post claiming that Tinubu knows about the murder of Funso Williams, adding that he has not come across videos of Omokri saying Tinubu knows about Funso Williams’ murder.
The witness said he is not aware that Omokri staged a protest against President Tinubu in London claiming that he (the President) was involved in drug trafficking and knew about Funso Williams’ murder.
After spending one hour and 40 minutes on the cross examination of the PW1, Justice Umar asked Abubakar when he was going to conclude with the witness having cross-examined him for two days.
Abubakar prayed the court for one more day l, claiming he has more important questions and documents to confront the witness with.
Responding Kehinde recalled that Abubakar had, on the last date, sought for additional one hour to conclude, but has spent one hour and 40 minutes and yet claimed he was not done with the witness.
Kehinde said he would prefer to allow the judge decide whether or not to grant the adjournment being sought by the defence.
Ruling, Justice Umar noted that this is the second day the defence has been cross examining the PW1.
The judge added that although on the last date, Abubakar sought for one hour, he has spent one hour and 40 minutes and has again asked for additional date.