A Federal High Court in Abuja has granted bail on self-recognizance to human rights activist and politician, Omoyele Sowore, in the case brought against him by the Department of State Services (DSS) over alleged defamation and cyberstalking of President Bola Tinubu.
Justice M. B. Umar granted the application on Tuesday following arguments by Sowore’s counsel, Marshal Abubakar, who relied on Section 162 of the Administration of Criminal Justice Act (ACJA) in urging the court to exercise its discretion in favour of his client.
During the proceedings, prosecution counsel Akinlolu Kehinde pressed for Sowore to be formally arraigned and take his plea before the court entertains the defence’s preliminary objection challenging jurisdiction. He also opposed the bail request, insisting that if granted at all, it should come with stringent conditions, claiming the defendant had a “history” of reoffending while on bail.
Marshal, however, argued that Nigerian law does not permit a court to deny bail based solely on the gravity of an alleged offence. He cited multiple judicial precedents—local and international—showing that even persons facing serious charges had been admitted to bail on liberal terms.
He reminded the court that Sowore, a former presidential candidate, had never jumped bail, had demonstrated full cooperation with judicial processes, and remained protected by the constitutional presumption of innocence under Sections 36, 39, and 41 of the 1999 Constitution.
“There is no evidence before this Honourable Court to suggest that the defendant will commit another crime if released,” Marshal said, urging the judge to uphold fairness and justice.
In its ruling, the court affirmed that Sowore had consistently attended all proceedings, that his passport remained with the court registry, and that no material evidence had been presented to suggest his statements posed a threat to national security.
“Bail is a constitutional right, and once granted, it cannot be withdrawn on speculation or conjecture,” Justice Umar held, dismissing the prosecution’s call for stricter terms.
The judge added that allegations lacking verification cannot override the presumption of innocence.
However, the court cautioned Sowore to conduct himself responsibly in the public space and avoid comments that could be misinterpreted.
The case was adjourned to January 19, 2026, for further hearing.