False claim against Tinubu: Court rejects Sowore’s documents in DSS’ trial

The Federal High Court in Abuja, on Wednesday, rejected two documents tendered by Omoyele Sowore, publisher of Sahara Reporters, in his ongoing trial over alleged defamatory remarks against President Bola Tinubu.

Justice Mohammed Umar, in a ruling, declined an oral application by Sowore’s lawyer, Marshall Abubakar, seeking an order admitting a set of documents, comprising print-outs of publications in evidence.

Our correspondent reports that Sowore is being prosecuted by the Department of State Services (DSS) for allegedly making false claim against the person of Present Tinubu by referring to him as “a criminal” in a post he made on his “X” and Facebook accounts.

The publications include media reports about DSS’ dismissal of 115 officials for misconduct; the Economic and Financial Crimes Commission (EFCC) charging five ex-governors with corruption; EFCC’s sacking 27 of its officials over fraud and misconduct and EFCC’s arrest of some ex-staff of the NNPCL over N7.2 billion fraud.

In the ruling, Justice Umar agreed with DSS lawyer, Akinlolu Kehinde, SAN, that the best opportunity for the defendant to tender the documents is during the conduct of his defence.

The judge held that since the first prosecution witness (PW-1), being cross-examined by Abubakar, said he knew nothing about the publications contained in the documents, such documents could not be tendered through the witness.

“You cannot tender a document through a witness who said he did not know anything about it.

“The document is, hereby, marked as rejected,” Justice Umar said.

In the second ruling, the judge rejected another set of documents which comprised of print-outs of publications which Abubakar claimed showed that President Tinubu allegedly called former President Goodluck Jonathan “a drunkard and sinking fisherman,” and where he also called former President Olusegun Obasanjo “an expired meat.”

The judge marked the documents rejected for the same reason he gave in rejecting the first set of documents.

Justice Umar, however, frowned at the report by the prosecuting lawyer that a member of the defence team had live streamed previous proceedings in the case and urged the court to order an investigation to identify the person behind it.

Although Abubakar denied that any member of the defence team was involved and claimed that it could have been done by the DSS or people in the presidency, the judge said such conduct amounted to contempt of court.

Abubakar urged the court to only caution against a repeat of such incident, but to decline the request by the prosecuting lawyer that an investigation be ordered by the court.

Justice Umar said it was easy to identify the person behind the incident and that he could direct security agencies to investigate the issue because it was a serious matter.

Although the judge promised to address the issue at the end of the day’s proceedings, he however, remained silent on it when adjourning the case.

While being cross-examined, the 2nd prosecution witness (PW-2), Cyril Nosike, an official of the DSS, said as at the time Sowore made the post in respect of which he is being prosecuted, president’s official X (twitter) handle was @officialABAT.

The witness rejected Abubakar’s suggestion that the President’s official X handle is @PBAT.

Nosike said he did not tender any court judgment before the court to show that corruption had ended in Nigeria.

On whether there is corruption in Nigeria, the witness said he was not a politician and cannot make comment on such an issue.

He added that the defence lawyer was merely asking for his opinion, saying: “I am not here to give an opinion, but to state the facts.”

He faulted claim by Abubakar that the DSS dismissed 115 of its officials for corruption, explaining that they were dismissed after internal investigation and not because of corruption as claimed by the defence lawyer.

The witness denied knowing that in 2025, the EFCC charge five ex-governor to court because of corruption; that the EFCC arrested ex-staff of the Nigerian National Petroleum Company Limited (NNPCL) over N7.2billion fraud and that the EFCC dismissed 27 of its officers for fraud and misconduct.

On whether as a security officer he was aware of global corruption ranking, the witness said he was not aware of global corruption ranking.

He also said he was not aware of the Transparency International corruption index.

The witness equally said he was not aware that Nigeria is ranked 140 among the 180 countries captured in the global corruption index.

On whether he knows that as at 2011, the current president was a major opposition figure in the country, the witness said he did not know.

On whether he was aware that in 2011, the current president called then ex-President Jonathan corrupt and shameless, the witness said he was not aware.

Nosike also said he was not aware that the current President called Jonathan a drunkard and a sinking fisherman.

On whether he knows former President Olusegun Obasanjo, the witness responded in affirmative.

He however said he was unaware that President Tinubu called ex-President Obasanjo an expired meat.

The witness said he would be surprised if shown documents where Tinubu allegedly made such comments about the two former presidents.

When asked if he had heard of the name Femi Fani-Kayode, who is now an ambassador designate, the witness said yes.

He, however, added that he could not recall that Fani-Kayode was a vocal critic of the president before his nomination as ambassador.

Nosike denied knowledge of the claim by Abubakar that Fani-Kayode made a post on social media alleging that President Tinubu knew something about the death of Funso Williams, who was a governorship candidate in Lagos State.

The witness said he was not aware that the DSS screened Fani-Kayode as an ambassador-designate because that did not form part of his schedule.

Nosike said he could not recall that Funso Williams was murdered in Lagos while President Tinubu was the governor of the state.

He admitted knowing Chief Reno Omokri and confirmed that Omokri is an ambassador-designate, appointed by the government.

The witness said he was not aware of Omokri’s social media post claiming that Tinubu knew about the murder of Funso Williams.

He added that he had not come across videos of Omokri, saying Tinubu knows about Funso Williams’ murder.

The witness said he was not aware that Omokri staged a protest against President Tinubu in London, claiming that he (the President) was involved in drug trafficking and knew about Funso Williams’ murder.

After spending one hour and 40 minutes on the cross examination of the PW-1, Justice Umar asked Abubakar when he was going to conclude with the witness having cross-examined him for two days.

Abubakar prayed the court for one more day, claiming he had more important questions and documents to confront the witness with.

Responding Kehinde recalled that Abubakar had, on the last date, sought for additional one hour to conclude, but had spent one hour and 40 minutes and yet claimed he was not done with the witness.

Kehinde said he would prefer to allow the judge decide whether or not to grant the adjournment being sought by the defence.

Ruling, Justice Umar observed that the defence had spent the second cross examining the PW-1.

The judge added that although on the last date, Abubakar sought for one hour, he had spent one hour and 40 minutes and had again asked for additional date.

He, however, granted the adjournment sought by the defence, saying: “In the spirit of fairness, I will adjourn for the last time for cross examination.”

Justice Umar consequently adjourned the matter until March 5 for further cross examination of the PW-1.