Court Dismisses Sowore’s Bid to Compel DSS DG’s Testimony in Cyberbullying Case
The Federal High Court in Abuja has dismissed an application by Omoyele Sowore, presidential candidate of the African Action Congress (AAC) in the 2027 elections, seeking to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to personally testify in his ongoing trial for allegedly cyberbullying President Bola Tinubu.
Delivering the ruling, Justice Mohammed Garba Umar held that the subpoena concerned official acts of the DSS and not personal matters of its Director-General. The court affirmed that any duly delegated DSS officer could give evidence on behalf of the agency.
Monday’s ruling marks the fourth unsuccessful application by Sowore since the DSS initiated proceedings over his alleged description of President Tinubu as “a criminal.” Previous attempts to challenge the trial on grounds of fundamental rights, raise preliminary objections, and seek the recusal of the presiding judge had all been dismissed.
At the resumption of proceedings, Justice Umar delivered ruling on the arguments for and against the subpoena issued to the DSS Director General at Sowore’s request.
Through his lawyer, Adeyinka Olumide Fusika, SAN, Sowore had sought an order of the court to compel the DG’s appearance to testify on official activities of the DSS relating to the cyberbullying case instituted against him.
However, the DSS represented by Akinlolu Thomas Kehinde, SAN, had opposed the move, arguing that another official of the agency could testify on his behalf.
The senior lawyer argued that it was absurd for Sowore to be insisting on the DSS DG’s appearance in court in an action that was purely official and not personal.
He argued that since the action of the DSS in putting Sowore on trial, any official delegated by the organization can testify for the establishment.
In his ruling, Justice Umar held that the subpoena concerned an official act of the DSS and that the expected testimony was not personal to the Director-General.
The court consequently ruled that another DSS official could appear to give evidence on the agency’s behalf.
Following the ruling, defence counsel Olumide Fusika SAN called the third defence witness, Michael Jego, an investigating officer with the DSS, who is currently being led in evidence.
