The presidential candidate of the African Action Congress (AAC) and activist Omoyele Sowore risked being remanded in Kuje prison custody as the federal government on Monday asked Justice Mohammed Umar of the Federal High Court, Abuja, to remand him.
This follows Sowore’s inability to perfect the N200m with two sureties, one of whom must be the traditional ruler – bail conditions granted him by Justice Umar last week.
At the resumed hearing of the defamation charges brought against him by the Department of State Services (DSS) for allegedly calling President Tinubu a criminal on his X and Facebook handles, the DSS lawyer, Akinlolu Kehinde, SAN, informed the court that the defendant had yet to fulfil the bail conditions.
The senior lawyer consequently applied to the court for an order remanding Sowore to Kuje Correctional Centre.
Kehinde SAN submitted that the orders of the court are meant to be obeyed, adding that since Sowore had not obeyed the court order by perfecting the bail conditions, the consequence is to remand him in the correctional centre until the conditions are fully met.
Although Justice Umar released Sowore to his lawyer, pending bail perfection, the DSS lawyer argued that up to Monday, the defendant had not communicated to him any challenge to meeting the bail conditions or filed any application for variations to the bail conditions.
’The defendant was released to his lawyer to go and bring his passport to be deposited with the court. That has not been communicated to us, and other conditions of the bail have not been met. The law is trite, no sentiment.’
’Our application is that the defendant be remanded at the Correctional Center until the bail conditions are met.’
However, counsel for the defendant, Olumide Fusika, SAN, told the court that bail is not for punishment but for the accused to attend trial and that it is incorrect to say the conditions are yet to be met.
He added that the verifications of bail documents submitted by his client have been substantially done.
Fusika then assured the court that the passport would be deposited with the court before the close of business on Monday, July 13.
The defence counsel further said there was a slight delay in recovering the passport from the American Embassy in Lagos because last Friday was the country’s 250th anniversary celebration, and the embassy was on holiday.
Fusika prayed the court to allow Sowore to be in his care until the next adjourned date of July 13, as everything will be done to ensure the terms of bail are met.
Meanwhile, Sowore on Monday formally opened his defence by calling his first witness, an Abuja-based lawyer, Deji Adeyanju.
Led in evidence by Fusika SAN, the witness told the court that President Tinubu, during an official engagement in Benue State, had said that citizens have the right to insult, criticise, and call him names, and that law enforcement agencies should allow citizens to exercise their rights as part of democracy.
Adeyanju also said that the president said that the judiciary should be the guardian of the public and should not be used as an instrument of oppression against critics.
The video clips showing where the president was said to have made the remarks were tendered and admitted in evidence via flash drive.
The matter has been adjourned until July 13 to continue the trial.
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