Justice Mohammed Garba Umar of the Federal High Court in Abuja has dismissed the no-case submission filed by activist Omoyele Sowore in the cyberbullying case instituted against him by the Department of State Services (DSS) over alleged offences against President Bola Tinubu.
The court held that Sowore had a case to answer, ruling that the prosecution had established a prima facie case requiring the defendant to explain issues raised during the trial.
Delivering the ruling, Justice Umar stated that evidence presented before the court showed that Sowore used his social media handle to make the post forming the basis of the charge.
The judge explained that at the stage of a no-case submission, the court only considers the weight of evidence presented and not the credibility of witnesses since the trial has not been concluded.
According to the court, terminating the matter at this stage would not serve the interest of justice.
Justice Umar subsequently ordered Sowore to open his defence.
Following the ruling, counsel to the prosecution invoked Section 396(6) of the Administration of Criminal Justice Act and urged the court to direct the defendant to commence his defence immediately.
The DSS had instituted the case against Sowore over alleged cyberbullying linked to social media publications concerning President Tinubu.
