Justice Mohammed Garuba Umar of the Federal High Court in Abuja has rejected an attempt by African Action Congress (AAC) presidential candidate and publisher, Omoyele Sowore, to tender uncertified documents in his ongoing trial over the alleged defamation of President Bola Tinubu.
Gatekeepers News reports that the ruling was delivered on Wednesday after Sowore’s lead counsel, Olumide Fusika (SAN), sought to tender the documents through another lawyer, Barrister Wayne Chikezie Elijah.
The documents included a summary of proceedings relating to the testimony of a witness identified by the codename “XYZ” and other letters the defence intended to rely on during the trial.
The issue arose after the court registrar directed all prospective defence witnesses to remain outside the courtroom until called to testify. However, Elijah remained in court despite the directive.
When called as the third defence witness, counsel to the Department of State Services (DSS), Akinlolu Kehinde (SAN), asked Elijah whether he had been present during the testimony of the day’s first defence witness, Uwen Davis.
Elijah admitted that he had been both inside and outside the courtroom while the earlier witness testified.
The DSS opposed the admissibility of the documents, arguing that they were public documents which, under the Evidence Act, must be certified before being admitted in evidence.
Kehinde urged the court to reject the documents, while Fusika maintained that the documents formed part of court records and therefore did not require certification.
In his ruling, Justice Umar held that the documents had been in the custody of a lawyer who claimed to have previously handled the matter, raising concerns about their authenticity.
“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 consequently declined to admit the documents in evidence.
“The document is rejected and marked as such,” Justice Umar ruled.
Earlier in the proceedings, Uwen Davis, a Principal Officer in the General Services Department of the DSS, testified that he authored a letter dated September 7, 2025, addressed to the Chairman and Chief Executive Officer of X Corporation, requesting the removal of a post in which Sowore allegedly described President Tinubu as a criminal.
According to Davis, the letter warned that the post had the potential to trigger a breakdown of law and order because it was causing agitation among the President’s supporters.
Under cross-examination, however, Davis admitted he could not specifically identify the supporters referred to in the letter and disclosed that he wrote it on the instruction of a superior officer.
Justice Umar subsequently adjourned further hearing in the defence to July 28.
At the previous sitting on July 16, the judge issued a final warning directing Sowore to open his defence or risk losing the opportunity to do so.
