The matter which was slated for arraignment before Justice Emeka Nwite of the Federal High Court, Abuja, could not go on as scheduled following the legal fireworks arising from the inability of the police to serving a hearing notice on the 3rd defendant.
The defamation and cyber-stalking suit filed against human rights activist, Omoyele Sowore by the FCT Commissioner of Police on behalf of Senator Ned Nwoko stalled on Thursday following the failure of the police to serve the 3rd defendant (SaharaReporters Media Group Incorporated) a hearing notice.
The matter which was slated for arraignment before Justice Emeka Nwite of the Federal High Court, Abuja, could not go on as scheduled following the legal fireworks arising from the inability of the police to serving a hearing notice on the 3rd defendant.
At the resumed hearing of the case before Justice Emeka, Sowore’s lawyer, Tope Temokun objected to the move by the court to proceed with the trial and force his client to take plea for 1st, 2nd and 3rd defendants.
Temokun argued that it was improper for the court to impose the representative of the 3rd defendant on his client just as he insisted that the 1st defendant had resigned from the SaharaReporters Media Group Incorporated and could not represent other defendants in the case.
He disagreed with the court's position that Sowore was representing SaharaReporters Media Group in the case. He added that his client travelled to Nigeria all the way from the United States to attend his trial.
The prosecution counsel, Edwin Inegbenoise, argued that SaharaReporters had no address, thereby making it difficult for the organisation to be served.
He urged the court to discountenance the defence submission to allow the 1st defendant to take his plea.
After listening to the arguments of both parties, the judge ordered the police to effect service of hearing notice on the 3rd defendant and adjourned the case to September 23 to enable the parties to take their plea.
Addressing journalists after the proceedings, Temokun said, "We are not saying we are running away from the trial. Omoyele Sowore travelled all the way from the United States just because of this matter.
"He has not been arraigned. But the simple question we are asking is that if you have brought SaharaReporters to court, from your proof of evidence, SaharaReporters is resident in New York. Did you serve SaharaReporters that this matter is for today?
“They want the court to overlook that and allow the court to do things anyhow. Our own intention is that we cannot allow things to be done anyhow. The person involved in this; everybody knows that the matter will not end here. We are looking at the Supreme Court.
“We want to protect the records of the court. We cannot allow the police to do a lazy man's work and reap where they did not sow.
“The court said there is a need for SaharaReporters to be served with the hearing notice for the next proceedings.
“The court is still insisting that Mr. Omoyele Sowore is representing SaharaReporters but we are saying for the purpose of this trial, you cannot force representation of SaharaReporters on him.”
Justice Emeka Nwite on February 29 while ruling on the motion on notice filed by Barrister Temokun on behalf of Sowore, held said that he was convinced that the activist was still a Director and Chief Executive Officer of SaharaReporters, an online news platform and SaharaReporters Media Group Incorporated who were joined in the suit as 2nd and 3rd defendants respectively.
He had therefore ruled that Sowore was in the best position to receive the service of summons of the 2nd and 3rd defendants.