ACTIVIST and African Action Congress (AAC) presidential candidate, Omoyele Sowore, on Monday opened his defence in the alleged defamation case filed against him by the Department of State Services (DSS), even as the prosecution urged the court to remand him over his failure to perfect his bail conditions.
At the resumed hearing before Justice Mohammed Umar of the Federal High Court, Abuja, counsel to the DSS, Akinlolu Kehinde (SAN), informed the court that Sowore had yet to comply with the bail conditions earlier granted by the court.
Kehinde argued that since the defendant had not perfected his bail, the court should order his remand at the Kuje Correctional Centre pending compliance.
According to the senior advocate, court orders must be obeyed, stressing that Sowore neither fulfilled the conditions nor filed any application seeking a variation of the bail terms.
“The defendant was released to his lawyer to produce his passport for deposit with the court, but that has not been done. The law is clear and should be obeyed. We urge the court to remand him until the bail conditions are fully met,” Kehinde said.
However, Sowore’s lawyer, Olumide Fusika, opposed the application, insisting that bail was not intended as punishment but to ensure the defendant’s attendance in court.
He told the court that the verification of the bail documents had been substantially completed and assured the judge that Sowore’s passport would be deposited before the close of business on Monday.
Fusika explained that there was a slight delay in retrieving the passport from the American Embassy in Lagos because the embassy observed a public holiday last Friday to mark the United States’ 250th anniversary celebration.
He urged the court to allow Sowore remain in his custody until the next hearing, assuring that all outstanding bail conditions would be fulfilled.
Justice Umar declined the prosecution’s request and allowed Sowore to remain in the custody of his lawyer pending the perfection of the bail conditions.
Meanwhile, Sowore formally commenced his defence by calling his first witness, Abuja-based lawyer Deji Adeyanju.
While being led in evidence by Fusika, Adeyanju told the court that President Bola Ahmed Tinubu, during an official engagement in Benue State, publicly stated that Nigerians have the constitutional right to criticise, insult and call him names without fear of intimidation.
The witness also testified that the President said law enforcement agencies should allow citizens exercise their democratic rights, while the judiciary should remain a guardian of justice and not an instrument for suppressing critics.
Video clips containing the President’s remarks were tendered before the court through a flash drive and admitted as exhibits.
The DSS had charged Sowore with alleged defamation over comments he made on his X and Facebook accounts in which he reportedly described President Tinubu as a criminal.
Justice Umar adjourned the matter until July 13, 2026, for continuation of the defence.
