THE FEDERAL High Court in Abuja on Wednesday fixed June 30 for ruling on a motion filed by Omoyele Sowore, the presidential candidate of African Action Congress (AAC), seeking to vacate an order for his bail revocation.
Justice Mohammed Umar fixed the date after Sowore’s lawyer, Raphael Adakole, moved the motion for stay of execution of the order which was challenged by counsel to the Department of State Services (DSS), Akinkolu Kehinde, SAN.
Earlier when the case was called, Adakole informed the court that the matter was scheduled for the hearing of their application.
He said the motion on notice dated June 17, was filed June 19 pursuant to Sections 35(4), 36(1), and 66(a&b) of the 1999 Constitution (as amended), including Sections 169 & 352 of Administration of Criminal Justice Act (ACJA), 2015, and the inherent jurisdiction of the court.
He said it prayed the court for an order setting aside the order made on June 16, revoking the bail and issuing a bench warrant against the defendant due to his non-appearance in court on the said date, and restoring the status quo before that date.
According to him, the application is accompanied by a 25-paragraph affidavit deposed to by Emmanuel Larry.
He urged the court to grant all the prayers in the application.
Upon receipt of a counter affidavit by the prosecution, Adakole said the defence filed another affidavit on 24 June.
“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.
The lawyer further urged the court to discountenance the counter affidavit filed by the prosecution.
Responding, Kehinde vehemently opposed the application.
He said in response, the DSS filed a 25-paragraph counter affidavit which they shall be relying on in urging the court not to grant the defence application.
“We are placing particular emphasis on Paragraphs 10 to 23” he said.
The senior lawyer said the prosecution also filed a written address in support of the counter affidavit, urging the court to refuse the defendant’s application.
He argued that Sowore had not placed truthful fact before the court that was capable of swaying the court to exercise its discretion in his favour.
After listening to parties, Justice Umar adjourned the matter until June 30 for ruling.
Shortly after adjournment, Adakole, who prayed the court to release Sowore to him, undertook to produce him on the next adjourned date,
Kehinde equally opposed Adakole’s request. He argued that such application cannot be made orally.
But Adakole told the court that he was only holding brief for a senior advocate, Mr Adeyinka Olumide-Fusika, “of impeccable character whose words should mean something to the court.”
The judge then asked that if Sowore was released to the counsel, won’t it mean that he had already ruled on the application.
He, therefore, said he was more inclined to leave the matter as adjourned.
The News Agency of Nigeria (NAN) reports that Justice Umar had, on Monday, ordered the remand of Sowore, also the publisher of Sahara Reporters, in Kuje Correctional Centre.
The judge, in a short ruling, ordered Sowore to be kept in the correctional centre pending the hearing and determination of his motion for stay of the order for revocation of his bail and bench warrant filed by Olumide-Fusika.
The judge equally dismissed Sowore’s ealier application seeking the judge’s recusal from the case on the ground of alleged bias.
The judge then adjourned the matter until June 24 for hearing of the application for stay.
Justice Umar had, on June 16, revoked a bail granted to Sowore following his failure to appear in court for his trial.
Justice Mohammed Umar, in a ruling on an oral application made by the lawyer to DSS, also issued a bench warrant for his arrest.
The DSS is prosecuting Sowore for allegedly making false claims against the person of President Bola Tinubu in a post he made on his “X” and Facebook accounts. (NAN)
