The Federal High Court in Abuja has granted bail to human rights activist and former presidential candidate Omoyele Sowore in the case filed by the Department of State Services (DSS) over alleged defamation and cyberstalking of President Bola Ahmed Tinubu.
Justice M. B. Umar approved the bail application moved by Sowore’s lawyer, Marshal Abubakar, granting bail on self-recognizance.
At Tuesday’s resumed hearing, the prosecution counsel, Akinlolu Kehinde, insisted that Sowore must be arraigned and take his plea, despite a pending preliminary objection in which the defence challenged the court’s jurisdiction.
While arguing the bail request, Marshal relied on Section 162 of the Administration of Criminal Justice Act (ACJA), which guides the conditions under which bail may be granted. He maintained that the seriousness of an allegation is not, by itself, a lawful ground to deny bail. He cited several judicial precedents—both local and international—where defendants facing weighty charges were admitted to bail on liberal terms.
He further argued that Sowore had no history of jumping bail, had consistently appeared in court, and remained protected by the constitutional presumption of innocence under Sections 36, 39 and 41 of the 1999 Constitution. He added that the prosecution’s claim that Sowore might commit further offences if released had no evidential backing.
Opposing the application, the prosecution urged the court to refuse bail or, if granted, to impose strict conditions, alleging that Sowore had a pattern of re-offending while on bail.
In its ruling, the court noted that all records before it showed that Sowore had obeyed previous court orders. His passport remained in the custody of the court, and there was no proof that any of his statements endangered national security.
The judge held that bail is a constitutional right and cannot be denied or withdrawn based on speculation, stressing that unverified allegations cannot override the presumption of innocence. Justice Umar, however, cautioned Sowore to conduct himself responsibly and avoid public comments that could be misinterpreted.
The matter was adjourned to January 19, 2026, for further hearing.