A Federal High Court in Abuja has rejected an attempt by the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, to tender an uncertified court document in his defence against alleged criminal defamation charges.
Sowore is being prosecuted by the Department of State Services (DSS) over allegations that he described President Bola Tinubu as a “criminal” in posts published on his X and Facebook accounts.
At Wednesday’s proceedings, Sowore’s counsel, Adeyinka Olumide-Fusika (SAN), sought to tender the document through the third defence witness, Wayne Elijah, who told the court he had received the document on Sowore’s behalf while serving as a member of his legal team.
Elijah said he accepted service of the document from the prosecution during his time as one of the defendant’s lawyers.
However, prosecuting counsel, Akinlolu Kehinde (SAN), opposed the move, arguing that the document was a court record and could only be admitted if presented as the original or a Certified True Copy (CTC).
He maintained that the defence was seeking to tender only a photocopy, making it inadmissible.
In his ruling, Justice Mohammed Umar upheld the prosecution’s objection and rejected the document.
The judge held that because the document had been in the custody of the defence counsel, certification was necessary to guarantee its authenticity and ensure it had not been altered.
During cross-examination, Elijah acknowledged that he was present in court while the second defence witness testified earlier in the day but said he was moving in and out of the courtroom, adding that CCTV footage could verify his movements.
Earlier, the second defence witness, Uwem Davies, a principal officer in the DSS General Services Department, testified under subpoena that he authored a January 22 letter directing Sowore to remove the social media posts on the instruction of the Director-General of the DSS.
Davies said the letter requested the removal of the posts because they were allegedly generating tension in the country.
When presented with another letter dated September 7, 2025, addressed to the Chief Executive Officer of Meta, Davies admitted that although the document bore his name, it was written by a former DSS officer, B. Bamigboye, who has since retired from the service.
He also confirmed that he never met or interacted with Sowore before issuing the January 22 letter and acted solely on the directive of the DSS Director-General.
Davies maintained that all his actions in the matter were carried out strictly in his official capacity.
Following the witness’s testimony, Sowore’s counsel indicated that he may apply to subpoena the DSS Director-General, arguing that the witness was unable to answer several questions raised during the proceedings.
The defence also informed the court that it still intends to call about 20 additional witnesses and had sought to subpoena the President’s Special Adviser on Information and Strategy, Bayo Onanuga, although court bailiffs had yet to serve him.
Justice Umar subsequently adjourned the case until July 28 for the continuation of the defence.
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