Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The ongoing criminal trial of Omoyele Sowore, presidential candidate of the African Action Congress (AAC), was thrown into disarray on Monday, August 3, 2026, when a fierce verbal exchange between two Senior Advocates of Nigeria (SAN) brought proceedings to a halt before Justice Mohammed Garba Umar of the Federal High Court in Abuja. The courtroom drama unfolded after Sowore's lead counsel, Adeyinka Olumide-Fusika, SAN, applied for an adjournment on the grounds that a crucial document he needed for the day's hearing had only just been released to him by the court registrar.
Olumide-Fusika told the court that he had applied for the document on July 26, 2026, and that the trial judge had approved the request on July 27. However, he said the document was not released to him until August 3, the very day of the hearing. He sought an adjournment to enable him to study the documents and adequately prepare for the cross-examination of his next witness, who is an official of the Department of State Services (DSS). The DSS is prosecuting Sowore on a two-count charge of defamation, cyberstalking, and incitement over posts he made on his social media platforms calling President Bola Tinubu a "criminal."
However, the prosecution counsel, Akinlolu Kehinde, SAN, fiercely opposed the adjournment application, describing it as a dilatory tactic aimed at further delaying proceedings. He urged the judge to foreclose the defence's case, accusing Sowore's legal team of deliberately frustrating the trial. "From March until now, only one witness has been called," Kehinde remarked, pointing to the slow pace of the defence.
Visibly angered by the accusation, Olumide-Fusika rejected the characterisation of his request as a delay tactic and, in a heated tone, said he would no longer tolerate what he described as provocation from the DSS lawyer. He referred to Kehinde as a "persecutor," using strong language in open court. "What sort of talk is that? I am no longer going to allow you to take my calm attitude for granted," Olumide-Fusika said, raising his voice. "My calmness should not be taken for granted. Deal with the facts. What exactly are these alleged dilatory tactics?".
The tension in the courtroom escalated further, prompting Justice Umar to intervene. "I respect you enough. Any more of this conduct and I will refer you to the appropriate disciplinary body," the judge warned both lawyers. "This should be the last time. If you are no longer interested in the case, you should say so. You cannot behave in my court in that manner."
Without consulting either lawyer on the date, Justice Umar adjourned the matter to September 20, 2026, for the continuation of the defence, stating that he was not in a position to continue hearing the case that day. Following the judge's intervention, Kehinde apologised to the court, the bar, and all present, acknowledging that the standard of conduct expected of legal practitioners had been lowered by the exchange.
Sowore is standing trial over his public description of President Bola Tinubu as a "criminal," a remark he made on his official social media platforms. He has pleaded not guilty to the charges and has consistently maintained that his comments were justified and protected under the right to freedom of expression. Speaking to journalists shortly after the proceedings, Sowore vowed never to apologise to the President, insisting that his statement was factual.
The trial has been marked by several dramatic twists, including a recent appearance by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, who attempted to take over the prosecution. Fagbemi later withdrew the oral application following objections from the defence. The case has drawn significant attention from civil society and human rights groups, who view it as a test of free speech and political dissent in Nigeria.
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