The Federal High Court sitting in Abuja has rejected documents that activist and online publisher Omoyele Sowore sought to tender in his ongoing trial over social-media posts allegedly defaming President Bola Tinubu.
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Justice Mohammed Garuba Umar rejected the documents on Wednesday after holding that their certification was necessary to assure the court that they had not been altered while in private custody.
Sowore’s lead counsel, Olumide Fusika, SAN, had attempted to tender the documents through another lawyer, Wayne Chikezie Elijah, who was called as the third defence witness.
The documents included a summary of proceedings involving the testimony of a witness identified by the codename “XYZ” and other correspondence connected with the matter.
At the commencement of proceedings, the court registrar directed prospective defence witnesses to leave the courtroom and remain outside the hearing of other witnesses until they were called to testify.
Elijah, however, remained within and around the courtroom while the first defence witness for the day, Uwen Davis, gave evidence.
During questioning by counsel to the Department of State Services, Akinlolu Kehinde, SAN, Elijah acknowledged that he had been inside and outside the courtroom during Davis’ testimony.
The DSS opposed the attempt to tender the documents, arguing that they were public documents which could only be admitted in evidence after being properly certified in accordance with the Evidence Act.
Kehinde asked the court to reject the documents and mark them accordingly.
Fusika disagreed, maintaining that the materials formed part of court records and did not require further certification before they could be admitted.
In his ruling, Justice Umar observed that the documents had remained in the custody of a lawyer said to have previously handled the matter.
The judge held that certification was required to protect the integrity of the records and assure the court that they had not been tampered with.
“The reason for certification is to be sure the document has not been tampered with. Having been in the custody of the said counsel, how is the court sure that the document has not been tampered with?” the judge asked.
Justice Umar consequently rejected the documents and directed that they be formally marked as rejected.
Earlier, Davis, a principal officer in the General Services Department of the DSS, testified that he authored a letter dated September 7, 2025, addressed to the Chairman and Chief Executive Officer of X Corporation.
According to him, the letter requested the removal of a post in which Sowore allegedly described President Tinubu as a criminal.
Davis told the court that the request was made because supporters of the President were becoming agitated and the post was considered capable of causing a breakdown of law and order.
Under cross-examination, however, the DSS officer admitted that he could not identify any of the Tinubu supporters referred to in the letter.
He also told the court that he prepared the correspondence on the instructions of a superior officer.
The trial arose from social-media posts allegedly published by Sowore concerning the President. He has denied the charges against him.
TheNigeriaLawyer had earlier reported that Justice Umar gave Sowore a final opportunity to continue his defence after the prosecution complained about repeated adjournments and urged the court to foreclose his case.
The judge had held that the requirements of fair hearing demanded that the defendant be given another opportunity to present his case but warned that the court would not permit further delays.
Following Wednesday’s proceedings, Justice Umar adjourned the matter until July 28, 2026, for continuation of the defence.
The rejection of the documents relates only to their admissibility and does not amount to a determination of Sowore’s guilt or innocence. He remains presumed innocent until the court delivers its final judgment.
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