*Reveals Judge Warned Defence Would Lose Case For Cross-Examining Witness
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Former presidential candidate of the African Action Congress and activist Omoyele Sowore has given a detailed first-hand account of the courtroom incident in which Justice Mohammed Umar of the Federal High Court, Abuja, ordered his lead defence counsel, Marshall Abubakar, to kneel down during proceedings in his cyberbullying trial, revealing that the judge had earlier warned the lawyer that proper cross-examination of the prosecution’s witness would make him lose the case.
In an interview with vanguard, Sowore described the sequence of events that led to the unprecedented confrontation, alleging that the judge repeatedly interrupted his lawyer’s cross-examination, made prejudicial comments, and ultimately issued the kneeling order after the lawyer insisted on adequate time to prepare for a no-case submission.
Sowore said he was shocked by what happened in court, noting that despite his extensive experience with court proceedings in Nigeria, the United States, and through online and television coverage, he had never witnessed anything comparable.
“I was in the dark, and I must tell you that I was shocked. I’ve been in court a lot. I’ve been in court in the US, Nigeria, and I’ve witnessed court trials online and on TV before. I’ve never seen what transpired on that day between that judge and our lead lawyer,” Sowore stated.
According to Sowore’s account, the crisis began during the cross-examination of a Department of State Services witness, described as the prosecution’s only witness, who Sowore said was unhelpful and uncooperative.
The defence team had prepared a litany of questions for the witness, but the judge kept interrupting Marshall Abubakar’s cross-examination.
Sowore then revealed a comment by the judge that he found extraordinary and prejudicial.
“At a point, the judge first made a comment, an opinion that I thought could have even ended the case. He said, well, I just want to warn you, if you over-cross-examine this witness, you will lose your case. I’ve never heard that before, that proper cross-examination of a witness will make you lose a case,” Sowore recounted.
Despite the judge’s warning, Abubakar persisted, telling the court that he needed to complete his cross-examination because it was key to the defence.
Sowore revealed that at one point during the exchange, Abubakar became emotional and told the judge: “My lord, you all are planning in this kangaroo process to jail Sowore, and the future of this country relies on people like him.”
The judge took umbrage at this remark, setting the stage for the subsequent confrontation.
The situation escalated further over the question of adjournment. Sowore said he personally stood up and addressed the judge, pointing out that elections were coming in May and that the court could not impose an abrupt adjournment without considering the political calendar.
The judge reportedly said he did not care and insisted on adjourning to April 13. Abubakar protested, asking for adequate time to prepare a no-case submission, particularly after the prosecution had unexpectedly decided not to call additional witnesses.
In a notable revelation, Sowore disclosed that the prosecution had previously indicated it would bring former presidential aide Reno Omokri as a witness for the federal government but suddenly decided not to call any more witnesses.
“By the way, they had told us that they were bringing in Reno Omokri as a witness to the federal government, but suddenly they decided that they were not bringing any more witnesses,” Sowore said, suggesting that the government was attempting to rush the case to conclusion.
Sowore then described the moment the judge issued the kneeling order.
“That was the point at which Abubakar spoke again to him and said, my lord, this is unfair, we need adequate time to prepare to respond. And the judge said, well, I told you to stop this cross-examination, and you are not stopping. You are getting on my nerves. You should come over here and kneel down in front of me,” Sowore recounted.
The activist praised his lawyer’s composure in the face of the unprecedented directive.
“The lawyer didn’t even flinch. He said, my lord, asking me to come and kneel down before you for contempt of court is unknown to law,” Sowore stated.
He said it then dawned on the judge that he had overstepped, as other lawyers in the courtroom began pleading in the customary manner. Sowore alleged that upon realising the gravity of his actions, the judge left the courtroom abruptly and adjourned the case.
“The judge, upon realising that he actually messed up, left the courtroom abruptly. He had adjourned the case to protect himself. That’s what happened,” Sowore said.
The case was adjourned to April 13 for the defence to address the court on a no-case submission.
In the same interview, Sowore addressed questions about why his activism has not translated into electoral success, defending his approach and arguing that there is no meaningful distinction between fighting for human rights and seeking political office.
“My involvement in politics is not for the election calendar. It is for the greater good, a higher goal, and an opportunity for Nigerians to see the difference between what I stand for and what their current situation is in the country,” Sowore stated.
He argued that meaningful electoral success is impossible without first achieving transparent and credible elections.
“I can’t come here and keep lamenting that we didn’t win elections when you and I know that we are not organising elections as they should be organised,” he said.
Sowore launched a broader attack on Nigeria’s electoral system, accusing the political establishment of systematic rigging and judicial corruption.
“As long as you don’t organise elections or you rig elections before they happen or you don’t allow public participation in the democratic process, you kill people, you grab ballots, you bribe judges with houses so that they can determine for you election results that you didn’t win, then we cannot have this argument and be fair to anybody,” Sowore declared.
He insisted that his party’s presence on the streets is not for its own sake but to expand the democratic space until people’s votes genuinely count.
“Nobody is asking for perfect elections, but we are asking for elections, not selections,” Sowore concluded.
The courtroom incident on March 16 has become a national talking point and has drawn international attention, with the Uganda Law Society writing formally to NBA President Osigwe SAN in solidarity, describing the kneeling order as a continental epidemic of judicial overreach infecting English-speaking African judiciaries.
NBA President Osigwe SAN responded on the same day of the incident, declaring that no judge has the power to order a lawyer to kneel in court and that such a directive is not a recognised judicial sanction under Nigerian law.
Sowore’s cyberbullying trial is adjourned to April 13, 2026, for the defence to make a no-case submission, which could potentially end the case if the court finds that the prosecution has not established a prima facie case requiring the defendant to present a defence.
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