Lack of service stalls Sowore’s trial, as court adjourns till December 5

TRIAL of the convener of #RevolutionNow protests, Omoyele Sowore and his co-defendant before the Federal High Court in Abuja, was on Wednesday stalled following the inability of the prosecution to serve the defence with all the documents it intends to tender in the case.

The trial Judge, Justice Ijeoma Ojukwu had last month slated yesterday to commence trial in the matter, but Femi Falana (SAN), representing Sowore objected to the commencement of trial because he had no access to his client while in the custody of the State Security Service (SSS) to adequately prepare for his defence.

While noting that the defendants had perfected their bail conditions imposed on them by the court, Falana said counsel can have unfettered access to the defendants to take instructions from them and prepare for their defence if they are released.

“In the circumstances, we will be asking for an adjournment to enable us to take full instruction from our clients so that we can fully prepare for our trial,” Falana told the court.

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Sowore, the publisher of Sahara Reporters and his co-defendant are facing a seven-count charge bordering on conspiracy to commit a treasonable felony in breach of Section 516 of the Criminal Code Act, money laundering and cybercrimes.

The second defendant, through his counsel, aligned himself with the submissions of Falana in urging the court for an adjournment.

Prosecution counsel, Hassan Liman (SAN), while objecting to the application for adjournment told the court that the SSS, at no point in time-restricted counsel from having access to the defendants.

He said: “We cannot deny counsel access to the defendants because it is their constitutional rights.

“Falana never come to the office of the SSS and was denied access to the defendants. The defendants have ample time and opportunity to prepare for their case,” Liman stated and urged the court to allow the prosecution to open its case.

Reacting, Falana reminded the court that on September 24, Justice Taiwo Taiwo of the Federal High Court granted Sowore bail, the SSS did not only refused to obey the order of the court, but also threatened to report the judge to the National Judicial Council (NJC).

He said he was in SSS office without been attended to and even when he sent text messages to the SSS boss of his presence to see his client, he was never replied and added that he attempted ten times to see his client without success.

According to Falana, the prosecution was not ready to commence trial as they intended to take their witnesses in-camera without formally applying to the court.

“We were told that Liman applied to the Deputy Chief Registrar of the Court to take their witnesses in camera and consequently, they have already brought the screen.

“The application was granted behind us. Based on the indulgence, the prosecution confidently brought protective screening instrument which are before the court,” he said and added that the prosecution cannot decide for the court how proceedings should go in a matter.

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The court then summoned the DCR of the court, Femi Ekperobi for clarification on the issue and however turned down a request for adjournment by the defence and ordered the defence to call its first witness.

Giving a summary of the case of the prosecution, Liman said evidence will be led to prove the allegations against the defendants.

“The prosecution will show how Sowore mobilised, under the #RevolutionNow, with the purpose of bringing down a legitimate government elected in accordance with the constitution of the country.”

He alleged that Sowore recruited the second defendant as coordinator for the revolution scheduled to take place on August 5, 2019.

“The prosecution will also lead evidence to show how the first defendant used Sahara Reporters media conjecture to commit the offence of money laundering.

“Witness will be called and documentary evidence will be presented, inclusive of video recordings of activities of the defendants towards the actualisation of the revolution.”

Falana, at this point, informed the court that he was not served with the documents the prosecution intended to tender, especially, the statement of the witnesses and that of the defence as well as the video recordings.

As a result, the court adjourned the matter till December 5 and 6 for the commencement of trial and ordered that all necessary documents the prosecution intends to tender should be served on the defence.

The DSS on August 3, 2019, arrested Sowore for calling for a revolution through protests which hold on August 5.

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In the charges instituted against the defendants, the prosecution accused Sowore and his co-defendant, Olawale Bakare, of committing conspiracy to commit a treasonable felony in breach of Section 516 of the Criminal Code Act.

The prosecution alleged that the defendants committed the offence by allegedly staging “a revolution campaign on August 5, 2019, aimed at removing the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.”

The prosecution also accused them of committing the actual offence of treasonable felony in breach of section, 4(1)(c) of the Criminal Code Act, by using the platform of Coalition for Revolution, in August 2019 in Abuja, Lagos and other parts of Nigeria, to stage the #RevolutionNow protests allegedly aimed at removing the President.

It also accused Sowore of cybercrime offences in violation of section 24(1)(b) of the Cybercrimes (Prohibition, Prevention) Act, by “knowingly sending“messages by means of press interview granted on Arise Television network which you knew to be false for the purpose of causing insult, enmity, hatred and ill-will on the person of the President of the Federal Republic of Nigeria.”

It also accused Sowore of money laundering offences in breach of section 15(1) of the Money Laundering (Prohibition) Act, 2011 by alleged transferring by means of swift wire, various sums of money from his personal bank account into Sahara Reporters Media Foundation’s bank account in order to conceal the origin of the funds.