Nigerian Court Rejects Bid to Subpoena DSS Lawyer in Sowore's Cyberbullying Trial

The Federal High Court in Abuja has rejected a bid by Omoyele Sowore, presidential candidate of the African Action Congress (AAC), to compel counsel to the Department of State Services (DSS), Akinlolu Kehinde, SAN, to testify in his ongoing alleged cyberbullying trial. The trial stems from Sowore's accusation of President Bola Tinubu being a "criminal." This development marks the fifth loss suffered by Sowore in the course of this trial.

Justice Mohammed Umar delivered the ruling, setting aside the subpoena earlier issued against Kehinde. The judge emphasized that lawyers owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications relating to legal representation. However, a legal practitioner could be compelled to testify under limited circumstances, particularly where the evidence sought relates to an uncontested matter or an issue that would not prejudice the interests of the client.

Following the ruling, defence counsel, R.O. Adakole, informed the court of the defence's intention to subpoena Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, and a chieftain of the All Progressives Congress (APC) Chief Joe Igbokwe, as witnesses. Justice Umar granted the request and directed that subpoenas be issued to the proposed witnesses to appear before the court.

The court had previously rejected a similar subpoena issued to the DSS Director General, Oluwatosin Ajayi, seeking to compel his appearance as a witness in the trial. The court upheld the counter-application of the DSS, represented by Akinlolu Thomas Kehinde, SAN, that any other high-ranking official of the agency could testify on his behalf. Consequently, one Michael Jego, an investigating officer of the DSS, was delegated to represent the secret police in the trial.

On June 22, 2026, Justice Umar ordered that Sowore be remanded at the Kuje Correctional Centre, Abuja, a week after revoking his bail. The judge rejected Sowore's request that he step aside from the matter on grounds of alleged bias. This decision was part of a series of rulings against Sowore, including the dismissal of his no-case submission on May 8, 2026.

The court also dismissed a preliminary objection to the legality of the trial and an application by Sowore that the trial be aborted on the ground that it breached his fundamental human rights. On April 2, Justice Umar refused to grant any of the three reliefs sought by Sowore in a fundamental rights enforcement suit he instituted against the DSS, its DG, as well as Meta Corp., owners of Facebook and "X".

The judge awarded a cost of N1.5 million against Sowore, at N500,000 to each of the three respondents. The trial has been adjourned until November 11, 2026, for the appearance of the subpoenaed defence witnesses. Sowore's alleged cyberbullying case against President Tinubu continues to attract attention, with the court's decisions being closely watched by various stakeholders.

Key points

• The Federal High Court in Abuja rejected Omoyele Sowore's bid to subpoena DSS lawyer Akinlolu Kehinde, SAN, in his alleged cyberbullying trial.
• The court granted the defence's request to subpoena INEC Chairman Professor Joash Amupitan and APC chieftain Chief Joe Igbokwe as witnesses.
• Sowore has suffered his fifth loss in the trial, with the court previously dismissing several of his applications and requests.