The Federal High Court in Abuja has rejected an attempt by human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, to tender uncertified documents in his ongoing alleged defamation trial involving President Bola Tinubu.
Justice Mohammed Garuba Umar ruled on Wednesday that the documents could not be admitted as evidence because they were public documents that had not been certified in accordance with the Evidence Act.
The disputed documents, which included a summary of proceedings relating to the testimony of a witness identified as “XYZ” and other correspondences, were presented through Barrister Wayne Chikezie Elijah after Sowore’s lead counsel, Olumide Fusika (SAN), called him as the third defence witness.
Proceedings took a dramatic turn when it emerged that Elijah had remained inside the courtroom despite an earlier directive by the court registrar requiring all prospective defence witnesses to stay outside until called to testify.
During cross-examination, counsel to the Department of State Services (DSS), Akinlolu Kehinde (SAN), asked Elijah whether he had been present while an earlier defence witness, Uwen Davis, testified.
Elijah admitted that he had moved in and out of the courtroom during the proceedings.
Relying on the Evidence Act, the DSS objected to the admissibility of the documents, arguing that public documents must be certified before they can be relied upon in court.
Kehinde urged the court to reject the exhibits.
In response, Fusika maintained that the documents formed part of court records and therefore did not require certification.
Delivering his ruling, Justice Umar held that the documents had remained in the custody of a lawyer who claimed to have previously handled the matter, raising concerns about their authenticity.
He noted that certification serves to assure the court that public documents have not been altered or tampered with, and consequently rejected the documents, directing that they be marked accordingly.
Earlier in the proceedings, DSS Principal Officer Uwen Davis testified that he authored a letter dated September 7, 2025, 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 publication could trigger unrest because some of the President’s supporters had become agitated.
However, under cross-examination, he admitted he could not identify the specific supporters referred to in the letter and disclosed that he wrote it on the instruction of a superior officer.
Following the day’s proceedings, Justice Umar adjourned the case until July 28 for the continuation of the defence.
The matter comes days after the court issued a final warning to Sowore to open his defence or risk forfeiting the opportunity to do so.
