64
*The prosecution makes a request on behalf of the lawyer and closes the case.
Justice Mohammed Umar of the Federal High Court in Abuja on Monday threatened to detain politician and online publisher Omoyele Sowore, lead lawyer for Marshall Abubakar, on contempt charges for disrespecting the court.
After speaking out in court, the judge ordered Sowore’s lawyers to “come out and kneel” in open court. However, other lawyers quickly persuaded the judge to forgive their erring colleague.
Sowore is being charged by the Department of State Services (DSS) for allegedly calling President Bola Tinubu a “criminal” and making false claims against the president’s character in posts on his “X” and Facebook accounts.
The lawyer raised his voice during court filings, which angered the judge. The lawyer became even more vocal, claiming that the court’s chosen defense opening date was not convenient for him.
Trouble began when the prosecution’s lawyer announced the end of the prosecution’s case and asked the defense to begin its case, shortly after Abubakar struggled to finish cross-examining the only prosecution witness.
When asked by the judge when he planned to begin his defense, Abubakar said the defendant would file without a case and suggested the court should adjourn until the July date.
Prosecution lawyer, Mr. Akinlolu Kehinde (SAN), disputed this, arguing that this was part of the defense’s extended tactics aimed at further delaying the proceedings. He proposed that the case be heard daily.
During his intervention, the judge expressed regret that while the prosecution moved the case quickly, the defense delayed and took four days to cross-examine the prosecution’s only witness.
The judge said it would be impossible to hear the case every day, but directed the parties to return on April 13 to adopt final written addresses on the unfiled matters. Abubakar seemed uncomfortable with the date.
While Mr. Sowore addressed the judge from the witness stand about how the proposed schedule would affect the party’s upcoming primaries, his lawyer simultaneously began addressing the judge and how his client was trying to wrest power from President Tinubu.
“This courtroom belongs to all of us. This courtroom doesn’t belong to just some of us. This courtroom belongs to all of us,” Marshall shouted.
The judge tried unsuccessfully to lower the lawyer’s voice. At that point, Judge Umar yelled, “If you scream in this courtroom again, I will execute you for contempt. Instead, come here! Kneel here!” He pointed to the area in front of the courtroom.
On learning of the unfavorable turn of events, other lawyers in the courtroom led by Akinlolu Kehinde (SAN), the only SAN, jumped to their feet and began pleading with the judge to pardon the errant lawyer.
While the lawyers were still on their feet begging, the judge adjourned the case for adoption until April 13th, and they took the stand that day.
Earlier, when the case was called in the morning, Kehinde told the court that Sowore had a recording device in the dock.
He asked the court to direct that the equipment be taken from the defendant.
Sowore, who was granted permission by the judge to speak, denied possessing any recording device, adding that he only had glasses, a power bank and a mobile phone.
Justice Umar recalled that the court had earlier issued an order for the accused not to bring any equipment while in court.
The judge then asked for the items to be handed over to his lawyer, who handed them over to a court official who handed them over to Sowore’s lawyer.
When asked to proceed with the case, Abubakar claimed he only learned about it just moments before Monday’s court session.
Abubakar said he was not in court for the case as he was in another court for another case. He then requested to wait until 12:30 pm so that he could retrieve the file from his office.
Kehinde objected, saying it was a defense ploy to further delay the case, but the judge granted the dismissal.
When the trial resumed shortly before 1 p.m., Abubakar cross-examined the only prosecution witness, Cyril Nosike, a DSS official, for about two hours.
Abubakar also tendered copies of newspaper publications, some of which he later gave to witnesses to read.
