Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
In a rare and striking turn of events at the Federal High Court in Abuja on Monday, a judge’s exchange with counsel for prominent activist and publisher Omoyele Sowore escalated into an extraordinary courtroom confrontation. Justice Mohammed Umar, presiding over the ongoing trial brought by the Department of State Services (DSS), not only rebuked but also threatened to imprison the defence lawyer — and even ordered him to physically kneel before the bench — in a moment that has reverberated through Nigeria’s legal and civil society circles.
The case is rooted in a cyberbullying charge filed by the DSS against Sowore, a former presidential candidate and publisher of Sahara Reporters, over posts on social media that allegedly insulted President Bola Ahmed Tinubu. The trial, marked by procedural disputes and fierce advocacy, has already drawn intense public and legal scrutiny over issues of free speech, judicial conduct, and state authority.
On Monday, tensions mounted after the prosecution formally closed its case. Lead defence counsel Marshall Abubakar informed the court that the defence intended to file a no‑case submission, contending that the evidence presented by the DSS did not establish a prima facie case. He also proposed that the matter be adjourned until July to prepare the submission. Prosecuting counsel, Akinlolu Kehinde, SAN, strongly opposed the suggestion, characterising it as a dilatory tactic designed to delay the proceedings.
Justice Umar, visibly frustrated with what he perceived as unreasonable delays, set April 13 for the adoption of final written addresses on the no‑case application. The judge noted that while the prosecution had run its case efficiently, the defence had consumed four days cross‑examining a single witness — a point that became a flashpoint in the court’s tense dynamics.
The atmosphere turned volatile when Abubakar, expressing dissatisfaction with the chosen date, and Sowore, speaking from the witness box about how the schedule could affect his political party’s primaries, began to address the court simultaneously. Raised voices and overlapping remarks drew a stern rebuke from Justice Umar, who admonished the lawyer for breaching decorum.
At the height of the standoff, the judge issued an ultimatum: if the disruptions continued, he would commit the counsel for contempt of court and potentially order imprisonment. In one of the most striking moments of the exchange, Justice Umar directed Abubakar to step forward and kneel before the bench — a gesture that stunned many in the packed courtroom and immediately sparked reaction from legal professionals present.
“If you shout in this court again, I will commit you for contempt. In fact, come here! Come and kneel down here!” the judge declared, according to witnesses. Some lawyers rose in quick protest, urging the judge to temper justice with mercy and reminding the court of the dignity afforded to counsel under Nigerian law and broader legal tradition.
Intervention from senior lawyers, including the prosecution’s own counsel, helped de‑escalate the confrontation. Their appeals for restraint persuaded Justice Umar to relent on the physical kneeling directive, and the matter moved forward with the case scheduled to reconvene on April 13 for the adoption of written arguments on the no‑case submission.
Observers described the episode as highly unusual. While judges in Nigeria, as elsewhere, have broad powers to preserve order and enforce courtroom discipline, ordering an officer of the court to kneel remains extremely rare and has triggered debate among legal scholars about bounds of judicial authority. Some analysts argue that the sequence of events highlights deepening tensions in a trial that sits at the intersection of criminal law, political expression, and the rights of defendants in politically charged cases.
Sowore, a longstanding figure on Nigeria’s political activism scene, has previously faced legal battles. In 2019 he was arrested and charged with treasonable felonies related to the #RevolutionNow protests he organised. That earlier case sparked international human rights attention, with civil liberties groups condemning the charges as an attempt to stifle dissent and calling for his release. Eventually, after months of legal wrangling, he was granted bail, and the treason component of the earlier prosecution faded from prominence.
The current trial, however, is separate and focused on alleged violations of cybercrime laws related to criticisms made on social platforms. Initially, technology companies — including X Inc. (formerly Twitter) and Meta Platforms Inc. (owner of Facebook) — were listed as co‑defendants, but the charges were later amended to focus solely on Sowore. In court on Monday, the issue of a recording device Sowore allegedly brought into the dock also briefly arose, although he denied possession and complied with the court’s directive to hand over personal items before testimony.
Civil rights advocates have seized on Monday’s events as an emblematic moment in Nigeria’s evolving legal landscape, particularly around freedom of expression and the treatment of government critics. They point out that tensions between state agencies and high‑profile activists have a long history in Nigeria, marked by contentious arrests, disputed bail conditions, and repeated clashes with security forces in and out of courtrooms.
Legal commentators have also raised questions about the implications of ordering a lawyer to perform a physical act in court. While judges may impose sanctions for contempt to uphold order, the form and severity of such measures must align with legal norms and respect for professional dignity. Monday’s exchange, they say, has already prompted discussions within bar associations and civil society about potential guidelines to prevent similar confrontations in the future.
With the next hearing set for April 13, all eyes will be on how Justice Umar handles the no‑case argument and whether the court’s approach signals a broader shift in the judiciary’s posture in politically sensitive cases. The outcome could have significant implications not only for Sowore’s legal strategy but also for ongoing debates in Nigeria about the balance between state authority, individual rights, and the rule of law.
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