Sowore Asks Chief Judge To Reassign Criminal Defamation Case Against Tinubu, Accuses Trial Judge Of Bias
Sowore Asks Chief Judge To Reassign Criminal Defamation Case Against Tinubu, Accuses Trial Judge Of Bias
According to Sowore, contrary to reports that his legal team filed a direct recusal application before Justice Umar, the defence instead petitioned the Chief Judge administratively to transfer the matter to another court.
Fiery human rights activist, Omoyele Sowore, has formally asked the Chief Judge of the Federal High Court to reassign the alleged criminal defamation case initiated against by President Bola Tinubu-led administration to another judge, accusing Justice Mohammad Umar of bias and hostility toward his legal team.
Sowore disclosed the development on Wednesday while reacting to proceedings in the Federal High Court, Abuja, where he is facing prosecution over social media posts in which he allegedly described President Bola Ahmed Tinubu as a “criminal.”
According to Sowore, contrary to reports that his legal team filed a direct recusal application before Justice Umar, the defence instead petitioned the Chief Judge administratively to transfer the matter to another court.
“To be clear, we did not file an application requesting that Justice Umar recuse himself. We asked the Chief Judge to reassign the case because Justice Umar had repeatedly displayed inherent bias and open disrespect toward our legal team,” Sowore wrote.
The activist alleged that the judge had on several occasions demonstrated conduct suggesting he could not guarantee a fair trial.
“At one point, he even asked our lead counsel, Marshal D. F. Abubakar, to kneel before him in court, an outrageous act that has no place in the history of jurisprudence in Nigeria,” he alleged.
Sowore further claimed that before Tuesday’s proceedings, his team received information that Justice Umar was hurrying back from an official engagement to deliver a ruling dismissing their request.
“Before arriving at the court, we had already been informed that Justice Mohammed Garba Umar was rushing back from an event to deliver a ruling on our recusal request. Essentially, he was hurrying back simply to dismiss it,” he stated.
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He said the defence team’s decision to submit a formal letter to the Chief Judge seeking reassignment of the case appeared to unsettle the court.
“But when he arrived, we confronted him with a letter addressed to the Chief Judge requesting that the case be reassigned to another judge. That move appeared to catch Justice Umar completely off guard. Flustered, he immediately asked the lead prosecutor to respond to our administrative application on the next adjourned date,” Sowore added.
The activist also accused President Tinubu and the Director-General of the Department of State Services (DSS), Tosin Ajayi, of using state institutions to persecute him for criticising the government.
“Yesterday, I defiantly walked toward the ‘accused’ box at the Federal High Court in Abuja to confront the adversaries of our people, led by Bola Ahmed Tinubu who is using the lawless DSS DG, Tosin Ajayi, to persecute me for speaking uncomfortable truths about Tinubu and his criminal government,” he wrote.
On Tuesday, Justice Umar suspended further proceedings in the case pending directives from the Chief Judge on the petition filed by Sowore seeking reassignment of the matter.
During the hearing, Sowore’s lawyer, Marshal Abubakar, informed the court that the defence had filed formal applications supported by affidavits and documentary exhibits requesting that the matter be transferred to another judge in the interest of justice and fair hearing.
Abubakar argued that judicial proceedings are often paused in similar circumstances pending the decision of the Chief Judge.
“What we have done is consistent with established judicial practice. Until the directives of the Chief Judge are received, the matter ought not to proceed,” the lawyer submitted.
Counsel to the DSS, Akinlolu Kehinde, confirmed receipt of the application and petition but insisted that proceedings should continue.
Justice Umar, however, ruled that the court would await the decision of the Chief Judge before taking further steps in the matter.
