Justice Mohammad Umar of the Federal High Court, Abuja, has suspended further proceedings in the alleged criminal defamation case against human rights activist and former presidential candidate of the African Action Congress (AAC), Omoyele Sowore, pending directives from the Chief Judge on an application seeking the reassignment of the case to another judge.
Sowore is currently facing a defamation case in Abuja after allegedly referring to President Bola Ahmed Tinubu as a “criminal” on social media.
At the last adjourned date, the judge controversially insisted that the defendant proceed with his defence, despite a request by the defendant that the judge recuse himself over allegations of bias and concerns about not receiving a fair trial.
The judge had earlier ruled on the defendant’s no-case submission and ordered Sowore to open his defence.
At the resumed hearing on Tuesday, which was fixed for the commencement of the defence, proceedings could not go ahead after the defence team, led by Abubakar Marshal, reminded the court that they had filed a formal application seeking the judge’s recusal from the case in line with the law.
Abubakar submitted that they had taken “appropriate steps” by filing both personal and independent applications supported by affidavits and documentary exhibits, insisting that the move was necessary in the interest of justice and fairness.
He argued that the application was aimed at securing “a form of authority” that would enable the court to make a proper ruling while protecting the integrity of the proceedings.
“We have filed an application before the court today, duly signed and supported with affidavits and exhibits. These documents explain the reasons this matter should no longer continue before the present court,” he argued.
He maintained that such applications were not unusual in judicial practice, noting that proceedings are often paused pending the decision or directives of the Chief Judge in similar circumstances.
Abubakar noted that the legal team had acted within established procedures and in the interest of justice, adding that the application reflected concerns that the matter required reassignment to another judge to ensure a fair hearing.
“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.
Abubakar accused the prosecution of treating justice as “a one-way process,” warning that any attempt to continue proceedings despite the pending application could undermine confidence in the judicial system.
Counsel to the DSS, Akinlolu Kehinde, confirmed to the court that he had been served with the application and the formal letter to the Chief Judge, but insisted that the case should proceed.
The trial judge, Justice Mohammad Umar, thereafter held that the court would await the decision of the Chief Judge on the petition filed by the defendant before taking further steps in the matter.
The case was subsequently adjourned to June 4, 2026, for the outcome of the petition written to the Chief Judge by the defendant.