June 24 (THEWILL) — The Federal High Court in Abuja on Wednesday fixed June 30 for ruling on an application filed by the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, seeking to set aside the order revoking his bail and the bench warrant issued for his arrest.
Justice Mohammed Umar scheduled the ruling after hearing arguments from Sowore’s counsel, Raphael Adakole, and counsel to the Department of State Services (DSS), Akinkolu Kehinde, SAN, on the motion challenging the court’s June 16 decision.
Sowore, who was remanded in the Kuje Correctional Centre on Monday, will remain in custody pending the court’s decision on whether to restore his bail and vacate the bench warrant issued against him.
When the matter came up on Wednesday, Adakole informed the court that the case was fixed for the hearing of the defendant’s motion on notice dated June 17 and filed on June 19.
He told the court that the application was brought pursuant to Sections 35(4), 36(1), and 66(a) and (b) of the 1999 Constitution (as amended), Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA) 2015, as well as the inherent jurisdiction of the court.
According to him, the motion seeks an order setting aside the June 16 ruling revoking Sowore’s bail and issuing a bench warrant against him following his failure to appear in court on the scheduled trial date.
Adakole explained that the application was supported by a 25-paragraph affidavit deposed to by Emmanuel Larry and urged the court to restore the status quo that existed before the bail revocation.
The lawyer further informed the court that after receiving the prosecution’s counter-affidavit, the defence filed a further affidavit on June 24 and a reply on points of law dated June 23.
“The defendant also filed a reply on points of law dated June 23 and filed same date. We adopt the said reply on points of law while placing reliance on the further affidavit and urge the court to grant the application as prayed in the interest of justice,” he said.
Adakole also urged the court to discountenance the counter-affidavit filed by the DSS.
However, Kehinde opposed the application, arguing that the defendant had failed to present sufficient facts to justify the exercise of the court’s discretion in his favour.
The senior advocate told the court that the DSS filed a 25-paragraph counter-affidavit and a written address in opposition to the application.
“We are placing particular emphasis on Paragraphs 10 to 23,” Kehinde said, urging the court to dismiss the motion.
He argued that Sowore had not placed truthful facts before the court that could persuade it to reverse its earlier ruling.
After listening to both parties, Justice Umar adjourned the matter until June 30 for ruling.
Shortly after the proceedings, Adakole made an oral application seeking Sowore’s temporary release into his custody pending the court’s ruling. He undertook to produce the defendant on the next adjourned date.
The request was opposed by the DSS counsel, who argued that such an application could not be validly made orally before the court.
In response, Adakole stated that he was holding brief for senior advocate Adeyinka Olumide-Fusika, SAN, whom he described as “a man of impeccable character whose words should mean something to the court.”
Justice Umar, however, declined the request, noting that granting Sowore’s release at that stage could amount to a determination of the substantive application already before the court.
The judge consequently maintained the existing remand order and adjourned the matter as earlier scheduled.
The DSS is prosecuting Sowore over allegations that he made false claims against President Bola Ahmed Tinubu in posts published on his X (formerly Twitter) and Facebook accounts.
THEWILL reports that Justice Umar had on Monday ordered Sowore to be remanded in Kuje Correctional Centre pending the hearing and determination of his application challenging the revocation of his bail.
Justice Umar revoked Sowore’s bail on June 16 after he failed to appear for trial and subsequently issued a bench warrant for his arrest following an oral application by counsel to the DSS.
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