Justice Mohammed Garba Umar of the Federal High Court in Abuja has dismissed the no-case submission filed by activist and former presidential candidate Omoyele Sowore in the cyberbullying case instituted against him by the Department of State Services.
The ruling means that Sowore will now be required to open his defence in the criminal trial after the court held that the prosecution had established a prima facie case against him.
The DSS had arraigned Sowore on charges bordering on alleged cyberbullying involving President Bola Tinubu. The charges stem from comments allegedly made by the activist on his social media platform, where he reportedly referred to the President as a “criminal.”
During the proceedings, Sowore’s legal team had urged the court to uphold the no-case submission, arguing that the prosecution failed to establish sufficient evidence linking him to the alleged offences. The defence prayed the court to discharge and acquit him of the two-count charge, insisting that the evidence presented by the DSS was inadequate to sustain the allegations.
However, in a ruling delivered on Friday, Justice Umar rejected the arguments advanced by the defence and held that the prosecution had presented enough evidence to require an explanation from the defendant.
The judge stated that the court found merit in the submissions of the prosecution and concluded that Sowore had a case to answer.
According to the court, the DSS was able to successfully connect the defendant to the allegations brought before the court, particularly regarding the social media publication that formed the basis of the charge.
Justice Umar further held that the prosecution had established a prima facie case against Sowore, making it necessary for him to enter his defence in line with criminal procedure.
The ruling effectively means that the trial has moved to the defence stage, where Sowore will have the opportunity to respond to the allegations and present witnesses or evidence in support of his case.
The case has continued to attract public attention due to Sowore’s profile as a prominent activist, publisher and politician known for his criticism of government policies and public officials.
Sowore, who previously contested the presidential election under the African Action Congress, has repeatedly maintained that the charges against him are politically motivated and aimed at silencing dissenting voices.
The DSS, on its part, has insisted that the prosecution is based on alleged violations of cybercrime laws and not an attempt to suppress freedom of expression.
With the dismissal of the no-case submission, the Federal High Court is expected to fix a date for Sowore to commence his defence in the matter.
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