By Yemi Oyeyemi
The Presidential Candidate of the African Action Congress (AAC) and activist Omoyele Sowore on Monday formally opened his defense by calling his first witness, Abuja-based lawyer, Deji Adeyanju.
Led in evidence bbyOlumide Fusika SAN, the witness told the court that President Bola Tinubu during an official engagement in Benue state had said citizens have the right to insult, criticise and call him names and that law enforcement agencies should allow citizens exercise their rights as part of democracy.
Adeyanju also said that the President said that the Judiciary should be the guardian of the public and should not be used as instrument of oppression against critics.
The video clips where the President was said to have made the remarks were tendered and admitted in evidence as exhibit vviaa flash drive.
Adeyanju’s testimony comes even as prosecuting counsel sought to get Sowore thrown back into remand in Kuje prison in Abuja following his inability to perfect the bail conditions granted him by Justice Mohammed Umar of the Federal High Court in Abuja.
At the resumption of the defamation charges slammed on him by the Department of the State Service ( DSS) for allegedly calling President Tinubu a criminal in his X and Facebook handles, the DSS lawyer, Akinlolu Kehinde SAN informed the court that the defendant was yet to fulfill the bail conditions.
The lawyer applied to the court to Issue an order remanding Sowore at Kuje Correctional Center.
Kehinde SAN argued that the orders of court are meant to be obeyed adding that since Sowore had not obeyed the court order by perfecting the bail conditions, the consequence is for his remand until the conditions are fully met.
Although Justice Umar released Sowore to his lawyer, pending bail perfection, the DSS lawyer argued that up till Monday, the defendant had not communicated to him of having any challenge in meeting the bail conditions or filing any application for bail conditions variations.
’The defendant was released to lawyer to go and bring his passport to be deposited with the court. That has not been communicated to us, and other conditions of the bail have not been met. The law is trite, no sentiment.’
’Our application is that the defendant be remanded at the Correctional Center until the bai conditions are met.’
However, counsel for the defendant, Olumide Fusika SAN told the court that bail is not for punishment but for the accused to attend trial and that it is incorrect to say the conditions are yet to be met.
He added that the verifications of bail documents submitted by his client have been substantially done.
Fusika then assured the court that the passport will be deposited in court before the close of work on Monday, July 13.
The defense counsel further said there was slight delay in the passport recovery from the American Embassy in Lagos because last Friday was the country’s 250th Anniversary celebration and they were on holidays.
Fusika prayed the court to allow Sowore to be in his care until the next adjourned date of July 13 as everything will be done to ensure the terms of bail are met.
The matter has been adjourned till July 13 for continuation of trial.
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