The Federal High Court sitting in Abuja has fixed June 30 for ruling on a motion filed by the African Action Congress (AAC) presidential candidate, Omoyele Sowore, who seeks the vacation of the court’s order for his bail revocation.
Justice Mohammed Umar, the presiding judge, fixed the date after Sowore’s lawyer, Raphael Adakole, moved the motion for a stay of execution of the order.
NPO Reported that Sowore had earlier on Wednesday arrived at the court for the resumed hearing of the alleged cybercrime charge filed against him by the Department of State Security (DSS) for calling President Bola Tinubu a criminal.
When the case was called, Adakole informed the court that the matter was scheduled for the hearing of their application.
He said the motion on notice dated June 17 was filed June 19 pursuant to Sections 35(4), 36(1), and 66(a&b) of the 1999 Constitution (as amended), including Sections 169 & 352 of the Administration of Criminal Justice Act (ACJA), 2015, and the inherent jurisdiction of the court.
The defence counsel prayed the court for an order setting aside the order made on June 16, revoking the bail and issuing a bench warrant against the defendant due to his non-appearance in court on the said date, and restoring the status quo before that date.
According to him, the application was accompanied by a 25-paragraph affidavit deposed to by Emmanuel Larry.
He urged the court to grant all the prayers in the application in the interest of Justice.
This was however challenged by counsel to the DSS, Akinkolu Kehinde (SAN).
Akinlolu filed a 25-paragraph counter-affidavit, which they shall be relying on in urging the court not to grant the defence application.
The senior lawyer said the prosecution also filed a written address in support of the counter-affidavit, urging the court to refuse the defendant’s application.
He argued that Sowore had not placed truthful facts before the court that were capable of swaying the court to exercise its discretion in his favour.
After listening to parties, Justice Umar adjourned the matter until June 30 for ruling.
Meanwhile, after the ruling, Adakole, who prayed the court to release Sowore to him, undertook to produce him on the next adjourned date.
Kehinde equally opposed Adakole’s request. He argued that such an application cannot be made orally.
But Adakole told the court that he was only holding a brief for a senior advocate, Adeyinka Olumide-Fusika, “of impeccable character whose words should mean something to the court”.
The judge then asked whether, if Sowore were released to the counsel, won’t it mean that he had already ruled on the application.
He, therefore, said he was more inclined to leave the matter as adjourned.