Justice Mohammed Umar of the Federal High Court in Abuja on Monday threatened to commit Marshall Abubakar, the lead defence counsel to politician and online publisher Omoyele Sowore, for contempt of court after the lawyer repeatedly raised his voice during proceedings and refused to lower it despite warnings from the bench.
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The dramatic confrontation, which brought proceedings to a tense standstill, culminated in the judge ordering the lawyer to come forward and kneel down in open court an order that was only averted after other lawyers, led by the prosecution counsel, intervened and begged the judge to forgive the lawyer.
Sowore is being prosecuted by the Department of State Services for allegedly making false claims against President Bola Tinubu by referring to him as “a criminal” in posts on his X and Facebook accounts.
Monday’s sitting was eventful from the outset, with the prosecution closing its case after the defence concluded cross-examination of the sole prosecution witness, DSS official Cyril Nosike. The cross-examination, which the judge noted had taken a total of four days for just one witness, concluded after about two hours on Monday.
The confrontation began after prosecuting lawyer Akinlolu Kehinde SAN announced the closure of the prosecution’s case and applied for the defence to open its case. When Justice Umar asked Abubakar when he planned to begin the defence, the lawyer said the defendant would file a no-case submission and suggested an adjournment until July.
Kehinde objected, describing the suggestion as part of the defence’s dilatory tactics intended to further delay proceedings, and asked that the case be heard on a daily basis.
Justice Umar, while noting that daily hearings were not feasible, directed parties to return on April 13 for the adoption of final written addresses on the no-case submission. Abubakar appeared uncomfortable with the date.
As Sowore addressed the judge from the witness box about how the proposed date might conflict with his party’s upcoming primaries, his lawyer simultaneously began addressing the judge, narrating how his client was poised to wrest power from President Tinubu.
“This court belongs to all of us. This court is not for some people alone. It belongs to all of us!” Abubakar yelled.
Attempts by the judge to make the lawyer lower his voice were unsuccessful. At that point, Justice Umar lost his patience.
“If you shout in this court again, I will commit you for contempt. In fact, come here! Come and kneel down here!” the judge bellowed, pointing to a spot in front of the courtroom.
Realising the gravity of the situation, other lawyers present in court, led by Kehinde SAN — notably the prosecution counsel in the same case — immediately jumped to their feet and began begging the judge to forgive Abubakar.
While the lawyers were still standing and pleading, Justice Umar pronounced that the case had been adjourned to April 13 for adoption of addresses on the no-case submission, and rose for the day.
The courtroom drama was not limited to the shouting incident. Earlier in the day, Kehinde had informed the court that Sowore had a recording device with him in the dock. The judge recalled that he had previously ordered the defendant not to bring any gadget into the dock.
Sowore, who was granted permission to speak, denied having a recording device, saying he only had his eyeglasses, a power bank, and a phone. Justice Umar directed him to hand over the items to his lawyers.
When proceedings were set to begin, Abubakar told the court he had only learned about Monday’s sitting moments before the session started and did not have the case file, claiming he had been in another court for a separate matter. He requested a stand-down until 12:30 pm to retrieve the file from his office.
Kehinde objected, describing it as another ploy to delay proceedings, but the judge granted the application. Proceedings eventually resumed shortly before 1 pm.
Justice Umar expressed frustration at the pace of the defence’s conduct of the case. He noted that while the prosecution had been swift in presenting its case, the defence had been tardy, spending four full days cross-examining the prosecution’s only witness.
The judge’s observation, combined with the defence’s request for a July adjournment and the lawyer’s dramatic outburst, painted a picture of a case that has been dogged by delays and procedural wrangling.
The matter has been adjourned to April 13, 2026, for the adoption of written addresses on Sowore’s no-case submission. If the no-case submission is upheld, Sowore would be acquitted without needing to present a defence. If it is dismissed, the defence would be required to open its case.
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