Tensions flared in the ongoing legal proceedings involving human rights lawyer Omoyele Sowore after his counsel, A.K. Musa Esq., sharply criticised the police prosecutor for engaging the court registrar in discussions about potential applications for recusal and bail revocation.

Musa described the discussions as “totally unacceptable and unlawful,” stressing that no party should discuss the merits of a case with the registrar when court is not in session. He argued that the registrar’s statements, suggesting he would recuse himself and revoke bail if a recusal application were filed, created a perception of bias.

Citing the landmark English case REX v Sussex, Ex Parte McCarthy (1924), Musa highlighted that even the perception of bias undermines justice. In that case, a clerk’s bias led the King’s Bench to overturn a conviction because “justice must not only be done, but must be seen to have been done.” Musa insisted the same principle applies in Nigeria.

The court has scheduled further hearings for February 25, 2026, where both the prosecution and defence will formally present their positions.

Meanwhile, the Federal High Court in Abuja recently granted Sowore bail in the case filed by the Department of State Services (DSS), which alleges defamation and cyberstalking of President Bola Tinubu. Justice M.G. Umar approved bail on self-recognisance, noting Sowore’s consistent court attendance and that his passport remained with the court.

The prosecution had opposed bail, citing alleged past offences, but the defence stressed the constitutional presumption of innocence and Sowore’s compliance with prior bail conditions. The court reaffirmed that “bail is a constitutional right, and once granted, it cannot be withdrawn on speculation or conjecture.”