The Abuja Division of the Federal High Court, on Tuesday, threatened to revoke a bail granted to Omoyele Sowore, the publisher of Sahara Reporters, Omoyele Sowore, if he makes comments considered detrimental to national peace and security.

Justice Mohammed Umar, in a ruling on Mr Sowore’s bail application after he was arraigned by the State Security Services (SSS), restrained him from further making such statements.

Mr Umar held that since there was evidence that Mr Sowore was a presidential candidate in the country before and had also earlier been granted bail by the court, with his passport still being held by the court, he was entitled to be granted bail on self-recognition.

The SSS accused Mr Sowore of making a false claim against the person of President Bola Tinubu by referring to him as “a criminal” on his X and Facebook accounts.

The security agency, in the five counts, sued Mr Sowore, the 2019 and 2023 presidential candidate of the African Action Congress (AAC), as the 1st defendant and joined X Incorp (formerly Twitter) and Meta (Facebook) Incorp as the 2nd and 3rd defendants.

Earlier, when the matter was called for Mr Sowore to take his plea, his lawyer, Marshal Abubakar, challenged the competency of the charge.

Mr Abubakar argued that a preliminary objection had been served on the counsel for prosecution, Akinlolu Kehinde, SAN.

He, however, informed the court that the preliminary objections were served on the SSS lawyer a few minutes before the commencement of the proceedings.

He argued that his client cannot take a plea on a charge that was incompetent.

Responding, Mr Kehinde vehemently objected to Mr Abubakar’s submission.

The senior lawyer, who argued that the application was not ripe to be taken, said the business of the day was for Mr Sowore’s arraignment.

He said the preliminary objections filed were part of the mischief of the 1st defendant’s (Sowore’s) lawyer to delay proceedings in the matter.

He reminded the court that many adjournments had been granted at the instance of the 1st defendant in the past.

Mr Kehinde, who cited Section 396(3) of the Administration of Criminal Justice Act (ACJA), 2015, to back his argument, said no application ought to be heard until Sowore’s arraignment.

Lawyers who appeared for X Incorp (formerly Twitter) and Meta (Facebook) Incorp (2nd and 3rd defendants), including Kehinde Ogunwumiju, SAN, did not oppose the application for the matter to proceed.

In a short ruling, Mr Umar aligned with the argument of the SSS lawyer and ordered that the arraignment should proceed.

Mr Sowore, however, pleaded not guilty to the five counts.

Following the not guilty plea, Mr Kehinde applied for a trial date, but Mr Abubakar said a bail application had been filed on Mr Sowore’s behalf.

The lawyer, while arguing the bail motion dated August 18, urged the court to admit Mr Sowore to bail on self-recognisance or the most liberal terms.

He said the 1st defendant was willing and ready to stand his trial and that he would not jump bail.

“He is a law-abiding citizen. He is a two-time presidential candidate. Just three days ago, the applicant won an election as chairman of a major political party in Nigeria, AAC. And that he is ready to prove his innocence before your lordship,” he said.

Mr Abubakar, who urged the court to grant their application, undertook to always ensure that Mr Sowore is in court for his trial.

He said the 1st defendant’s international passport was already with the deputy chief registrar of the court; hence, he cannot jump bail.

Responding, the SSS lawyer said, ‘In opposition to the bail application, a counter affidavit of 40 paragraphs was filed.’

Mr Kehinde, though bail is at the discretion of the court, prayed the court to refuse Mr Sowore’s bail plea.

He submitted that one fundamental consideration in the exercise of the discretionary power of the court in granting bail is contained in Section 162 of ACJA, 2015.

“That the applicant (Sowore) has a duty to convince my lord that where this application is granted, he will not commit another similar offence,” he said.

The senior lawyer argued that looking at Mr Sowore’s trajectory, the instant bail cannot be granted, the applicant having flouted a previous order of the court.

“I urge my lord to be wary in exercising this discretion. And if your lordship is inclined to exercising the discretion, the conditions should be very stringent,” he prayed.

Mr Ogunwumiju and Christabel Ndokwelu, who appeared for X and Facebook, did not oppose the application.

Mr Umar, who admitted Mr Sowore to bail on self-recognition, barred him from making statements considered to be a threat to the country’s national unity and peace.

The judge, who warned that his bail would be revoked if the 1st defendant indulged in such an act, adjourned the matter until January 19, 2026, for commencement of trial.

(NAN)