Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Federal High Court in Abuja has rejected an attempt by the presidential candidate of the African Action Congress, Omoyele Sowore, to tender uncertified documents in his ongoing trial for allegedly defaming President Bola Tinubu. Justice Mohammed Garuba Umar, presiding over the case, dismissed the application on Wednesday, July 22, 2026, after Sowore's lead counsel, Olumide Fusika, a Senior Advocate of Nigeria, sought to introduce the documents through a defence witness without proper certification.
The documents in question included a summary of proceedings relating to the testimony of a witness codenamed "XYZ" and several other letters. Fusika called Barrister Wayne Chikezie Elijah as the third defence witness solely for the purpose of tendering the documents. Elijah told the court that he had accepted service of the documents from the prosecution on Sowore's behalf while he was a member of the defendant's former legal team. However, the prosecution, led by Akinlolu Kehinde, a Senior Advocate of Nigeria, objected to the admissibility of the documents, arguing that they were public court records and, under the Evidence Act, could only be admitted if they were either the original documents or certified true copies.
The objection was further strengthened by the fact that Elijah had remained in the courtroom despite a directive from the court registrar that all prospective defence witnesses should leave the courtroom until they were called to testify. When cross-examined, Elijah admitted that he had been present both inside and outside the courtroom while the first defence witness of the day, Uwen Davis, was giving evidence. In his ruling, Justice Umar upheld the prosecution's objection, stating that the documents had been in the custody of a lawyer who claimed to have previously handled the matter, making certification necessary to establish their authenticity. "The reason for certification is to be sure the document has not been tampered with. Having been in the custody of the said counsel, how is the court sure that the document has not been tampered with?" the judge asked. He subsequently rejected the documents and ordered that they be marked as rejected.
Earlier in the proceedings, Uwen Davis, a Principal Officer in the General Services Department of the Department of State Services, testified that he authored a letter dated September 7, 2025, addressed to the Chairman and Chief Executive Officer of X Corporation, requesting the removal of a post in which Sowore allegedly referred to President Tinubu as a criminal. Davis told the court that the letter stated that Tinubu's supporters were becoming agitated and that the post could lead to a breakdown of law and order. Under cross-examination, however, Davis admitted that he could not specifically identify the supporters he referred to in the letter, adding that he wrote it on the instruction of a superior officer. Davis also confirmed that he did not personally interact with Sowore before writing the letter and that he merely acted on the directive of the DSS Director-General.
Following the day's proceedings, Justice Umar adjourned further hearing in the defence to July 28, 2026. At the previous sitting on July 16, the judge had issued a final warning to Sowore to resume his defence in the case or risk being foreclosed from doing so. Sowore is standing trial on charges of criminal defamation, cyberstalking and incitement, filed against him by the Department of State Services over allegations that he made defamatory statements against President Bola Tinubu. He has pleaded not guilty to all charges.
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