Cyberbullying: Sowore’s trial stalled as SANs clash in court

The criminal trial of Omoyele Sowore, a Nigerian political figure, was disrupted by a heated exchange between opposing senior advocates at the Federal High Court in Abuja. The proceedings stalled as the defense sought another adjournment, citing difficulties in obtaining a Certified True Copy of documents essential for their case.

Adeyinka Olumide-Fusika (SAN), counsel for Sowore, informed Justice Muhammed Umar that despite being aware of a subpoenaed witness from the Department of State Services (DSS) being present, the defense could not proceed without the certified court records. He explained that the application for these documents, made on July 22, faced repeated delays from the court registry, although Justice Umar had approved it on July 27.

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Prosecuting counsel Akinlolu Kehinde (SAN) opposed the adjournment, accusing the defense of intentionally delaying the trial. Kehinde pointed out that the prosecution had fulfilled its agreement to have a DSS officer testify and argued that the defense should have diligently pursued its document request. He urged the court to close the defense's case, asserting that repeated opportunities for progress had been missed and that such delays did not violate the right to a fair hearing.

Fusika countered that the prosecution had failed to address the registry's issues and was unfairly blaming the defense for circumstances beyond its control. He maintained that the defense was not engaging in dilatory tactics and could have insisted on the attendance of the DSS Director-General as a witness if its sole intention was to delay the proceedings.

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We further submit that it is a discretionary case management procedure, and it is not a breach of the constitutional right to fair hearing. Section 36(4) and (6) of the 1999 Constitution guarantees only the opportunity to be heard, not an unlimited right to delay the matter, as in the instant case.