Judge says evidence can’t come through a witness who knows nothing about it, as DSS trial takes a dramatic turn.
The Federal High Court in Abuja has rejected documents tendered by Omoyele Sowore, publisher of Sahara Reporters, in his ongoing trial over alleged defamatory remarks against President Bola Tinubu.
Justice Mohammed Umar ruled that the documents—printouts of media reports cited by the defence—could not be admitted through a prosecution witness who openly said he had no knowledge of them. “You cannot tender a document through a witness who knows nothing about it,” the judge held, marking the exhibits rejected.
Sowore is being prosecuted by the Department of State Services (DSS) over a social media post on X and Facebook in which he allegedly referred to President Tinubu as “a criminal.” His lawyer had attempted to introduce reports on alleged misconduct within security and anti-graft agencies, as well as publications claiming Tinubu once made derogatory remarks about former presidents Goodluck Jonathan and Olusegun Obasanjo—all of which the court also rejected.
The judge agreed with DSS counsel Akinlolu Kehinde, SAN, that Sowore could only properly tender such documents during his defence, not through a prosecution witness unfamiliar with them.
The proceedings also took a tense turn after the court raised concerns about an alleged live-streaming of earlier sessions, warning that such conduct could amount to contempt of court and may warrant investigation.
Meanwhile, a DSS witness under cross-examination distanced himself from claims about corruption rankings, past political statements allegedly made by Tinubu, and social media posts by political figures, repeatedly saying he was not aware and was in court “to state facts, not opinions.”
After extended cross-examination, Justice Umar granted the defence one final adjournment in the interest of fairness, fixing March 5 for continuation of the trial.
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