The Federal High Court in Abuja has rejected an attempt by African Action Congress (AAC) presidential candidate, Omoyele Sowore, to tender uncertified documents in his ongoing trial over alleged defamatory statements against President Bola Tinubu.
Justice Mohammed Garuba Umar ruled on Wednesday that the documents, which included a summary of proceedings involving a witness codenamed XYZ and other official correspondence, were inadmissible because they were uncertified public documents.
The documents were sought to be tendered by Sowore’s lead counsel, Olumide Fusika (SAN), through another lawyer, Barrister Wayne Chikezie Elijah, who appeared as the defence’s third witness.
Proceedings took a dramatic turn after it emerged that Elijah had remained in the courtroom during the testimony of an earlier defence witness, despite the registrar’s directive that all prospective witnesses should remain outside the courtroom until called.
During cross-examination, counsel for the Department of State Services (DSS), Akinlolu Kehinde (SAN), asked Elijah to confirm whether he had been present while the first defence witness, Uwen Davis, was giving evidence.
Elijah admitted that he had been both inside and outside the courtroom during the testimony.
The DSS lawyer subsequently objected to the admission of the documents, arguing that they were public records which, under the Evidence Act, must be certified before they can be admitted as exhibits.
Kehinde urged the court to reject the documents, insisting that admitting uncertified public documents would violate the provisions of the law.
In response, Fusika argued that the documents formed part of court records and did not require certification before being tendered.
However, Justice Umar disagreed with the defence, holding that the documents had been in the custody of counsel and that certification was necessary to guarantee 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 said.
He subsequently rejected the documents and ordered that they be marked as rejected exhibits.
“The document is rejected and marked as such,” Justice Umar ruled.
Earlier in the proceedings, the defence called Uwen Davis, a Principal Officer in the General Services Department of the DSS, who 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 social media post in which Sowore allegedly described President Tinubu as a criminal.
Davis told the court that the letter warned the post could provoke a breakdown of law and order because the President’s supporters were becoming agitated.
Under questioning, the witness admitted he could not identify any of the supporters allegedly angered by the post, explaining that he prepared the letter on the directive of his superior officer.
Justice Umar adjourned the matter until July 28 for the continuation of the defence.
The latest ruling comes a week after the judge issued a final warning to Sowore to proceed with his defence following the absence of his lead counsel during proceedings on July 16, 2026.