A Senior Advocate of Nigeria, Akinlolu Kehinde, has urged the Federal High Court in Abuja to dismiss the demand by Omoyele Sowore that the Director General of the Department of State Services, Tosin Ajayi, must appear in person to testify as a witness in the cyberbullying charges preferred against him. Sowore is being prosecuted by the DSS over his August 2025 published posts on X and Facebook, describing President Tinubu as a "criminal" and accusing him of lying about the level of corruption in the country.
At Friday's hearing, prosecuting lawyer Akinlolu Kehinde argued that it was wrong for Sowore's lawyer, Adeyinka Olumide-Fusika, to insist that the DG, DSS must attend court in person to testify as a subpoenaed witness of the defence. Kehinde cited a Supreme Court's decision in the case of Ishaq v. Soniyi, which held that where a subpoena is directed to a named official, it will be absurd to insist that only the named officer is to appear in due compliance with the subpoena.
The prosecuting lawyer recalled that the Attorney General of the Federation attended court on July 28, 2026, leading the prosecution's team, to make the same point that it was wrong for Sowore to insist that the DG, DSS must testify as its witness in person. He said it was based on that understanding that parties agreed that an official of the DSS should be nominated to stand in for the DG, DSS. An official of the DSS was designated for that purpose and was present in court, ready for the business of the day.
The DSS boss has no personal interest in this case and only acted in an official capacity. Since the DSS has cases in the various divisions of the FHC, it was practically impossible to expect the DG to attend all proceedings. Kehinde stressed that the prosecution closed its case since March 16, 2026, and it was not an act of charity on the part of the defence to argue that an official of the DSS should come, but now insisting on the DG alone.
Olumide-Fusika had claimed that the prosecution has repudiated the understanding by parties that an official of the DSS should attend court in the place of its DG by allegedly failing to produce the said official on the last date. He further argued that since the name on the subpoena and the hearing notice issued was that of the DG, he must attend court in person.
The decision to issue a subpoena on the DG, DSS in his personal capacity was necessitated by the fact that the second defence witness, Uwem Davies, had, while testifying, kept saying that it was the only DG who could answer some of the questions put to him. Justice Mohammed Garba Umar fixed October 6 for ruling on whether or not the DG, DSS could be compelled to appear in person and testify as a defence witness in respect of actions taken by the agency.
The case has been ongoing for over a year, and the court's decision on this matter will have significant implications for the trial. The defendant's lawyer, Adeyinka Olumide-Fusika, insisted that the DG's appearance is crucial to the defence's case, while the prosecution team, led by Akinlolu Kehinde, argued that it is not necessary.
Key points
- The Federal High Court in Abuja will decide whether the Director General of the Department of State Services must testify in person in the cybercrime trial of Omoyele Sowore.
- The prosecution team, led by Akinlolu Kehinde, argues that it is not necessary for the DG, DSS to testify in person, citing a Supreme Court decision.
- The defendant's lawyer, Adeyinka Olumide-Fusika, insists that the DG's appearance is crucial to the defence's case.
