Justice Muhammed Umar of the Federal High Court in Abuja has warned that he may close the defence of activist and AAC presidential candidate, Omoyele Sowore, if he fails to continue presenting his case at the next adjourned hearing.
The warning came after Sowore appeared in court without any member of his legal team.
Explaining the absence of his lawyers, Sowore told the court that his lead counsel, Olumide Fusika (SAN), was in the United Kingdom with the court’s knowledge, while another lawyer representing him, Raphael Adakole, was outside the court’s jurisdiction.
He subsequently applied for an adjournment, asking the court to allow his lawyers to be present to continue his defence. Sowore also sought permission to make an oral application.
Justice Umar, however, noted that such an application could only be made if Sowore intended to conduct his own defence.
Opposing the request, prosecuting counsel, Akinlolu Kehinde, reminded the court that the matter had previously been adjourned to enable the defence serve subpoenas already signed by the judge.
He further argued that the absence of Sowore’s lead counsel had been raised during the previous sitting and that the court had already ruled that the unavailability of counsel should not stall proceedings.
Kehinde also pointed to the court’s earlier order for day-to-day hearing of the case, stressing that the latest application represented the 11th adjournment sought by the defence, contrary to the provisions of the Administration of Criminal Justice Act (ACJA).
He urged the court to foreclose the defence and make the necessary consequential orders.
In his ruling, Justice Umar held that the principle of fair hearing requires that every defendant be given adequate opportunity to present a defence.
He added that while the court could not compel a defendant to defend himself, justice also required that proceedings should not be unnecessarily delayed.
The judge, however, granted what he described as a final adjournment, warning that Sowore’s defence would be closed if he failed to continue with his case at the next sitting.
The matter was adjourned until July 22 for the continuation of the defence.
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