Defamation trial: Court rejects defence document as DSS witness testifies

A Federal High Court in Abuja has rejected an attempt by Omoyele Sowore, presidential candidate of the African Action Congress (AAC), to tender an uncertified court document in his defence in an ongoing criminal defamation trial.

Sowore is being prosecuted by the Department of State Services (DSS) over allegations that he defamed President Bola Ahmed Tinubu in social media posts in which he allegedly described the President as a “criminal.”

At Wednesday’s proceedings, Sowore’s counsel, Adeyinka Olumide-Fusika (SAN), sought to tender the document through the third defence witness, Wayne Chikezie Elijah, who told the court that he was a member of Sowore’s former legal team.

Elijah said he had received the court document on behalf of Sowore while serving on the defence team. The prosecution objected to its admission, arguing that it was a photocopy rather than the original or a certified true copy (CTC).

Akinlolu Kehinde (SAN), counsel to the prosecution, argued that as a court document, it could only be admitted if it was the original or a certified true copy.

In his ruling, Justice Mohammed Umar upheld the objection, holding that certification was necessary to establish the document’s authenticity since it had been in the custody of counsel.

“The reason for certification is to be sure the document has not been tampered with,” the judge said before rejecting the document.

During cross-examination, Elijah confirmed that he was present in court while the second defence witness testified earlier in the day. He said the court’s CCTV footage could confirm that he was in and out of the courtroom during the proceedings.

Earlier, the court heard testimony from Uwem Davies, a DSS official who appeared as a subpoenaed witness for the defence.

Davies, a principal officer in the General Services Department of the DSS, told the court that he wrote a letter directing Sowore to remove his social media posts about President Tinubu on the instruction of the Director-General of the DSS.

He said that the January 22 letter was the only communication he personally authored requesting that Sowore retract the posts.

Davies told the court that he did not engage with Sowore before writing the letter and acted solely on the directive of the DSS Director-General.

Under examination by the defence, he said he did not know whether the Director-General or those who complained about the posts were supporters of President Tinubu. He also said he did not interact with any of the President’s supporters before issuing the letter.

Following the witness’s testimony, Olumide-Fusika informed the court that he intended to subpoena the DSS Director-General, arguing that Davies was unable to answer some of the defence’s questions.

During cross-examination by the prosecution, Davies maintained that all his actions relating to the case were carried out in his official capacity.

He also told the court that another DSS official, B. Bamigboye, who has since retired, authored a letter to the Chairman and CEO of X Corp on behalf of the DSS Director-General.

Davies said he had copies of the letter and the subpoena issued to Bamigboye. However, when the prosecution sought to tender the documents, the defence objected, and the court upheld the objection.

Olumide-Fusika told the court that the defence intends to call 20 witnesses but sought an adjournment to prepare applications to subpoena the DSS Director-General and the President’s spokesperson, Bayo Onanuga.

He said efforts by court bailiffs to serve Onanuga with the subpoena had been unsuccessful.

Justice Umar adjourned the case until July 28 for the continuation of the defence.