The Federal High Court in Abuja on Wednesday declined to admit an uncertified court document presented by the defence team of African Action Congress presidential candidate, Omoyele Sowore, in his ongoing criminal defamation trial.
Sowore is facing prosecution by the Department of State Services (DSS) over allegations that he referred to President Bola Tinubu as a “criminal” in posts shared on his X and Facebook accounts.
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At the hearing, Sowore’s lawyer, Adeyinka Olumide-Fusika (SAN), attempted to tender the document through the third defence witness, Wayne Elijah. The witness explained that he received the document on Sowore’s behalf while he was a member of the defendant’s former legal team.
Elijah told the court that he accepted service of the document from the prosecution during his time as one of Sowore’s counsel.
However, the prosecution, represented by Akinlolu Kehinde (SAN), opposed its admission, arguing that the document formed part of the court’s records and was only admissible if presented as the original or a Certified True Copy (CTC).
He submitted that the defence had only produced a photocopy, making it inadmissible under the law.
In his ruling, Justice Mohammed Umar agreed with the prosecution and rejected the document.
According to the judge, the document had been in the custody of a lawyer involved in the case, making certification necessary to verify its authenticity and ensure it had not been altered.
“The document is coming from the custody of a counsel who claimed to be counsel in this matter. The reason for certification is to be sure the document has not been tampered with. Having been in the custody of the said counsel, how is the court sure that the document has not been tampered with? The document is rejected and marked as such,” Justice Umar ruled.
During cross-examination, Elijah acknowledged that he was present in the courtroom while the second defence witness was giving evidence. He, however, insisted that he moved in and out of the courtroom and said the court’s 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 DSS Director-General.
Davies said the letter was the only correspondence he personally wrote requesting the removal of the posts concerning President Tinubu, explaining that the directive was issued because the publications were believed to be creating tension across 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 carried his name, he did not write it.
He clarified that the letter was prepared by his colleague, B. Bamigboye, who has since retired from the DSS.
Davies further testified that he had no direct contact with Sowore before issuing the January 22 letter, stressing that he acted solely on instructions from the DSS Director-General.
Asked whether he or the Director-General supported President Tinubu politically, Davies responded that he had no knowledge of such matters, adding that he merely carried out official directives.
He also confirmed that he did not consult any supporters of the President before writing the letter.
Following the testimony, defence counsel Olumide-Fusika indicated that he might be compelled to subpoena the DSS Director-General since Davies was unable to provide answers to some of the questions put to him.
During questioning by the prosecution, Davies maintained that every action he took in relation to the matter was carried out strictly in the course of his official duties.
He also confirmed that the subpoena requiring his appearance in court was initially served on the DSS before it was assigned to him.
Davies further disclosed that Bamigboye wrote a separate letter to X Corp on behalf of the DSS Director-General concerning the case and that he possessed copies of both the letter and the subpoena served on Bamigboye.
When the prosecution sought to tender the two documents as evidence, the defence objected, and Justice Umar upheld the objection.
Although the defence informed the court that it still intended to call about 20 additional witnesses, Olumide-Fusika requested an adjournment to enable him file an application seeking a subpoena for the DSS Director-General.
He also informed the court that efforts were being made to serve a subpoena on the President’s Special Adviser on Information and Strategy, Bayo Onanuga, but court bailiffs had yet to successfully effect service.
Justice Umar subsequently adjourned the case until July 28 for the continuation of the defence.
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