In a cyberbullying case brought against activist Omoyele Sowore by the Department of State Services for allegedly insulting President Bola Ahmed Tinubu, Justice Mohammed Umar of the Federal High Court in Abuja dismissed Sowore's no-case submission, ruling that the prosecution had established a prima facie case and ordering Sowore to enter his defense; the court emphasized that at the no-case stage, it evaluates the weight of evidence rather than witness credibility, and the case was adjourned while Sowore requested the judge's recusal.
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Court Dismisses Sowore's No-Case SubmissionAdded:
And thanks for joining us on TVC News at 7:00. I am Abosede at Dinah and Daremi.
Tonight, we start off with judicial matters. Justice Muhammad Umar of the Federal High Court in Abuja has dismissed the no case submission made by activist Omoyele Sowore in the case of cyberbullying of President Bola Tinubu brought against him by the Department of State Services. The court held that Mr. Sowore has a case to answer by providing explanations to some issues raised by the prosecution as a prima facie case has been established by the prosecution.
Senior reporter Celestina Iria has details.
The DSS is suing Mr. Sowore for alleged cyberbullying the president using his ex handle. The agency called one witness after which it closed its case.
Mr. Sowore subsequently filed a no case submission. Counsel to Mr. Sowore, Marshall Abubakar, had argued that the prosecution failed to link his client with the alleged offenses. The counsel argued that upon the review of evidence led by the prosecution so far, the complaints failed to link the client with the charges filed against him.
According to Marshall Abubakar, the prosecution failed to call a vital witness, which he said was vital to the case of the prosecution.
Justice Umar in ruling on the no case submission held that it is in evidence before the court that Mr. Sowore used his social media handle to make a post as testified by the prosecution witness.
He notes that at the stage of no case submission, the court looks at the weight of evidence tendered before it, not at the credibility of the witnesses as the trial is not concluded. It will help the court if the case is not terminated at this point. Justice Umar ordered Mr. Sowore to enter his defense.
In the same vein, the prosecuting lawyer drew section 396 of section 6 of the ACJA, praying the court for the defendant to enter his defense immediately.
Reacting to the ruling of the court on his no case submission. Omoyele Sowore, through his counsel, sought the permission of the judge to address him, which was granted by the court. Sowore told Justice Umaru that he's not confident that he would get justice from a court that has humiliated his counsel by asking him to kneel down, and also from a court that has subjected him to all forms of harassment. He asked Justice Umaru to recuse himself from his trial. Counsel to Mr. Sowore told the court that they would file an application for his recusal. The court adjourned until 19th for further proceedings, even as Mr. Umaru had insisted that the date was not convenient. Justice Mohammed Umaru had dismissed the fundamental rights enforcement suit filed by Omoyele Sowore on grounds of being frivolous. The court held that taking down of the posts by Meta Corporation does not constitute a violation of his rights. The court awarded a fine of 1.5 million naira against him.
Celestina Iria, Channels News, Abuja.
For Celestina John Smith live now for more on this. Well, Omoyele Sowore has now asked Justice Mohammed Umaru to recuse himself from the cyber bullying case filed against him by the DSS. What more do we know about this, and how might it impact the case going forward?
Celestina, I'm asking about what more you can tell us about this case, and what's the point of the request for the judge to recuse himself, how it might impact the case going forward.
Well, Abosede, if you can hear me, it would set it definitely set the case back. But we don't know if Justice Umaru will definitely All right, let's see if we can get back to Celestina for that conversation. She has covered it over time, and has just told us that the case has now been adjourned to the 19th of May.
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