The Federal High Court in Abuja on Wednesday dismissed an attempt by African Action Congress presidential candidate, Omoyele Sowore, to tender uncertified documents in his ongoing trial over alleged defamatory remarks against President Bola Ahmed Tinubu.
Justice Mohammed Garuba Umar rejected the documents after the Department of State Services, DSS, objected to their admissibility.
Sowore’s lead counsel, Olumide Fusika, SAN, sought to tender the documents through another lawyer, Wayne Chikezie Elijah, who was called as the third defence witness solely for that purpose.
The documents included a summary of proceedings relating to the testimony of a witness identified as “XYZ”, as well as other letters.
The DSS, through its counsel Akinlolu Kehinde, SAN, argued that the documents were public documents and, under the Evidence Act, must be certified to be admissible.
Fusika countered that the documents were part of court records and therefore did not require certification.
In his ruling, Justice Umar said certification was necessary because the documents had been in the custody of a lawyer who previously handled the 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 judge asked.
He subsequently rejected the documents and ordered that they be marked accordingly.
Before the ruling, the court registrar had directed all prospective defence witnesses to wait outside. However, Elijah admitted under cross-examination that he had been both inside and outside the courtroom while the first defence witness, Uwen Davis, was testifying.
Earlier, a Principal Officer in the General Services Department of the DSS, Uwen Davis, told the court he authored a letter dated September 7, 2025, addressed to the Chairman and Chief Executive Officer of X Corporation.
Davis said the letter requested the removal of a social media post in which Sowore allegedly referred to President Tinubu as a criminal. He added that the letter warned the post could trigger a breakdown of law and order because Tinubu’s supporters were becoming agitated.
Under cross-examination, Davis admitted he could not specifically identify the supporters referred to and stated that he prepared the correspondence on the instruction of a superior officer.
Justice Umar adjourned further hearing in the defence to July 28.
At the last sitting on July 16, the judge had issued a final warning directing Sowore to open his defence or risk forfeiting the opportunity.
Sowore is standing trial over allegations that he made defamatory statements against President Tinubu. He has pleaded not guilty, and the matter remains before the court.
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