Operatives of the Department of State Services (DSS) on Monday reportedly arrested human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, within the court premises.
The development came shortly after Justice Mohammed Umar of the Federal High Court in Abuja ordered Sowore’s remand at the Kuje Correctional Centre until Wednesday, following the earlier revocation of his bail.
Earlier in the proceedings, the court had dismissed Sowore’s application seeking the recusal of the presiding judge in his trial over comments in which he described President Bola Tinubu as a “criminal.”
SaharaReporters observed that about 10 armed DSS operatives, dressed in black, forcibly dragged Sowore out of the court premises despite protests from persons present.
Sowore has been standing trial on allegations brought by the Department of State Services (DSS) linked to those public statements, charges he has consistently denied.
At the resumed hearing of the case on Monday before Justice Umar Mohammed, Sowore was represented by a new counsel, Senior Advocate of Nigeria (SAN) Adeyinka Patrick Olumide-Fusika, who apologised to the court for the defendant’s absence on the last adjourned date of June 16, 2026.
Olumide-Fusika told the court that he took responsibility for Sowore’s non-appearance, explaining that he had instructed the activist to travel to Lagos for consultations and proper briefing on the case.
Sowore had on May 26 filed an application seeking the disqualification of Justice Mohammed Umar from further presiding over Charge No. FHC/ABJ/CR/484/2025 between the Federal Republic of Nigeria and Omoyele Sowore, alleging a reasonable apprehension of bias.
He also urged the court to refer the case to the Chief Judge of the Federal High Court for reassignment to another judge, alongside any further orders the court deemed appropriate.
The application was supported by a 39-paragraph affidavit deposed to by Sowore, with attached documents marked as Exhibits Fair Trial 1, 2, 3, and 4. A written address was also filed in support.
In his argument, Sowore maintained that justice must not only be done but must also be seen to be done, citing authorities including R v Sussex Justices, ex parte McCarthy (1924) and Supreme Court decisions on judicial bias and fair hearing.
He contended that the circumstances of the case created a reasonable apprehension of bias sufficient to warrant the judge’s recusal in the interest of justice and public confidence in the judiciary.
Delivering ruling on the application, Justice Mohammed Umar held that while the application was properly brought before the court, it lacked merit.
The judge noted that although courts are duty-bound to maintain impartiality and uphold public confidence in the justice system, the grounds advanced by the defendant did not justify his recusal.
Justice Umar further held that the issues raised by Sowore amounted to an afterthought, observing that the defendant had already taken active steps in the proceedings before raising the complaint.
The judge noted that Sowore had participated in the trial up to the point where the prosecution closed its case and subsequently filed a no-case submission, which was duly considered and dismissed by the court.
The court held that a no-case submission forms part of the defence in a criminal trial, adding that a defendant cannot fully participate in proceedings and later rely on the same circumstances as grounds to seek the recusal of the trial judge.
(SaharaReporters)
