Court returns Sowore to Kuje prison, reserves June 30 ruling on bail restoration bid

Justice Mohammed Garba Umar of the Federal High Court in Abuja has ordered that activist, publisher and former presidential candidate, Omoyele Sowore, be returned to the Kuje Correctional Centre pending a ruling on his application seeking the restoration of his bail and the reversal of a bench warrant previously issued against him.

The court fixed June 30, 2026, for its decision after hearing arguments from both the defence and prosecution on Wednesday.

Sowore is currently facing trial over allegations of cybercrime and criminal defamation arising from social media posts in which he allegedly referred to President Bola Ahmed Tinubu as a “criminal” on his verified X and Facebook accounts. The case is being prosecuted by the Department of State Services (DSS).

The latest development follows the court’s June 16 decision revoking Sowore’s bail and issuing a bench warrant for his arrest after he failed to appear for scheduled court proceedings. Earlier this week, Justice Umar had also ordered his remand at the Kuje Correctional Centre pending the determination of an application seeking a stay of execution of the bail revocation order.

At Wednesday’s proceedings, defence counsel R.O. Adakole, alongside C.S. Etonyeaku, who appeared on behalf of senior advocate Adeyinka Olumide-Fusika, informed the court that the defendant had filed a motion on notice dated June 17 and filed on June 19.

The application, brought under Sections 35(4), 36(1), and 6(6)(a) and (b) of the 1999 Constitution, as amended, as well as Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA) 2015, seeks 12 reliefs from the court.

Among the requests are orders setting aside the June 16 ruling revoking Sowore’s bail, vacating the bench warrant issued against him, and restoring the bail conditions previously granted by the court.

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According to the defence, the application is supported by a 34-paragraph affidavit sworn to by Emmanuel Larry, along with a written address. Counsel further disclosed that a revised 36-paragraph affidavit deposed to by Sodiq Temitope was filed on June 24, accompanied by a reply on points of law dated June 23.

Adopting the defence processes, Adakole urged the court to grant the application in the interest of justice and discountenance the affidavit filed by the complainant.

Opposing the application, prosecuting counsel Akinlolu Kehinde (SAN) told the court that the Federal Government had filed a 25-paragraph counter-affidavit and written address challenging the request.

Kehinde said the prosecution would rely on all the paragraphs of the affidavit, particularly paragraphs 10 to 23, and argued that the defendant had failed to place truthful and sufficient facts before the court to warrant the exercise of judicial discretion in his favour.

“We urge your Lordship to refuse the application, as the applicant has not placed truthful facts before this honourable court that are capable of swaying the mind of the court to exercise its discretion in favour of the applicant,” the prosecutor submitted.

In response, the defence maintained that releasing the defendant would not prejudice the court’s pending decision and fell within the discretionary powers of the court. Counsel also informed the court that he had received reports indicating that Sowore’s health condition had deteriorated while in custody.

Although the prosecution drew attention to what it described as “the optics of the matter,” it ultimately left the decision to the discretion of the court.

Justice Umar, however, declined the request, noting that granting temporary release at that stage would undermine the purpose of the adjournment, especially as he had not yet reviewed all the processes filed by both parties.

The judge consequently rejected the oral application and directed that Sowore be returned to the Kuje Correctional Centre pending the court’s ruling scheduled for June 30, 2026.