The Federal High Court in Abuja has rejected a police application seeking a bench warrant against the founder of the Foundation for Investigative Journalism (FIJ), Fisayo Soyombo, over his alleged involvement in a cyberstalking and criminal defamation case.
Justice Joyce Abdulmalik declined the application on Tuesday after the prosecution informed the court that it had been unable to serve Soyombo with the relevant court processes.
The police had asked the court to issue the warrant to compel his appearance, but the judge held that Soyombo had not been brought before her to enable the court exercise such powers against him.
Soyombo is jointly charged with FIJ journalist, Daniel Ojukwu, in a 12-count charge bordering on alleged cyberstalking and criminal defamation involving Adejoke Orelope-Adefulire, a former Senior Special Assistant to the late President Muhammadu Buhari on Sustainable Development Goals.
Prosecuting counsel, Kunle Lawal, Tolulope Osho, Grace Baiyeshea and Marvellous Orji, told the court that efforts to serve Soyombo had been unsuccessful.
However, defence counsel, Oluseye Moore, opposed the application, arguing that both defendants had earlier been granted administrative bail by the police during investigations.
He maintained that the police had a responsibility to ensure their appearance in court until they were formally charged and their bail conditions determined.
Moore also informed the court that the prosecution had filed an ex parte application seeking permission to serve Soyombo electronically.
Court remands Ojukwu
At the proceedings, Ojukwu’s lawyer, Atanda Kayode, informed the court that a bail application had already been filed on behalf of his client.
The defence also urged the court to allow the journalist to continue enjoying the administrative bail earlier granted by the police, arguing that he had not violated its conditions.
Justice Abdulmalik, however, declined to consider the bail application, explaining that it was not ripe for hearing because it had only been filed on Monday.
The judge consequently ordered Ojukwu’s remand at the Kuje Correctional Centre in Abuja pending December 1, when the bail application is expected to be heard.
Allegations against journalists
The charges against the two journalists relate to four investigative reports published by FIJ between November 2023 and January 2024 concerning the activities of the Office of the Senior Special Assistant to the President on Sustainable Development Goals.
One of the reports questioned an alleged payment of N147.1 million to a restaurant for the construction of classrooms at Ajeromi Primary School in Lagos.
Another examined a N47.5 million classroom construction contract awarded to Tru3 Nigeria Limited.
The other reports focused on the Economic and Financial Crimes Commission’s forfeiture of N241 million linked to the SDGs office and the reported failure of solar panels installed at classroom blocks in Ogun State.
The police alleged that the journalists conspired to commit cyberstalking and criminal defamation and knowingly published false reports about Orelope-Adefulire.
Ojukwu was previously arrested in May 2024 over the reports. He was released on May 10, 2024, after spending 10 days in police custody following public protests and pressure over his detention.
The defendants are expected to face further proceedings as the court considers the pending applications in the case.
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