Justice Mohammed Umar of the Federal High Court in Abuja, has turned down the bid by the presidential candidate of the of the African Alliance Congress (AAC), Omoyele Sowore, to tender uncertified documents in his trial for allegedly defaming President Bola Tinubu.
The court, Wednesday, refused the bid when Sowore’s lead counsel, Olumide Fusika, SAN, applied to tender some uncertified documents through another lawyer, Barrister Wayne Chikezie Elijah,
The documents are summary of proceedings in the testimony of a witness codenamed XYZ, along with other letters,
Midway into the day’s proceedings, Fusika, SAN, called Barrister Elijah as his third witness in the defence of the activist for the purpose of tendering the documents.
Trouble started shortly after the Court’s Registrar announced that those to testify in the matter for the defence should leave the court room and go out of hearing. The lawyer ignored announcement.
When, therefore, he was called into the witness box as the second witness for the day, DSS lawyer, Akinlolu Kehinde SAN asked him to confirm his presence in court when the first witness of the day, Uwen Davis was testifying.
Sensing the implications of his presence in the courtroom against the Registrar’s directive, the legal practitioner informed Justice Mohammed Garuba Umar that he was inside and outside the courtroom when the first witness was giving evidence.
DSS proceeded to object to the tendering of the documents on the ground that they were public documents and ought to be certified before being admitted as exhibits,
Kehinde, SAN, urged the Judge to reject admitting the documents and mark them as rejected on the ground that the bid offended the Evidence Act,
Sowore’s counsel, Olumide Fusika, SAN, however countered the DSS lawyer, arguing that the documents came from court records and needed no certification.
Ruling on the application, Justice Umar held that the documents came from the custody of a counsel who claimed had earlier been a counsel in the matter.
“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?” quizzed the judge.
Justice Umar subsequently rejected the documents and marked them as rejected.
“The document is rejected and marked as such,” he declared.
Earlier, Uwen Davis, a Principal Officer, General Services in the DSS testified that he authored a letter dated September 7, 2025, and delivered same to the Chairman and Chief Executive Officer of “X Corporation” requesting him to delete the post where Sowore allegedly called President Bola Tinubu a criminal.
He admitted that part of the letter was that Tinubu’s supporters were becoming furious and that the offending post could lead to a breakdown of law and order.
In response to a question, the witness said he could not specifically name the Tinubu’s supporters that were becoming furious, adding that he authored the letter based on directive to do so by his superior officer.
Meanwhile, the continuation of the defence has been adjourned to July 28.
It will be recalled that Justice Umar at the July 16 proceedings, issued a final warning to Sowore to resume his defence in the defamation of President Bola Tinubu charges filed against him by the DSS, or be foreclosed.
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