The Federal High Court in Abuja has rejected an application by Omoyele Sowore seeking to compel the Director-General of the Department of State Services (DSS), Tosin Ajayi, to appear personally as a witness in his ongoing trial over allegations of cyberbullying President Bola Tinubu.
Justice Mohammed Garba Umar dismissed the application after considering arguments from both the defence and the DSS over the subpoena issued to the agency’s director-general.
Sowore, who is the presidential candidate of the African Action Congress (AAC) for the 2027 general election, had asked the court to require Ajayi to testify about the security agency’s official activities relating to the case.
His legal team, led by Senior Advocate of Nigeria Adeyinka Olumide Fusika, maintained that the DSS director-general should appear in court to provide evidence relevant to the proceedings.
However, the DSS opposed the application, insisting that the agency could present another official to testify on the matters raised by the defence.
The agency was represented by Senior Advocate of Nigeria Akinlolu Kehinde, who argued that Ajayi’s personal appearance was unnecessary because the issues involved concerned official duties rather than matters specific to him.
Kehinde challenged the need to compel the head of the agency to testify when another officer with relevant knowledge of the case could provide the required evidence.
After hearing the submissions, Justice Umar ruled that the subpoena concerned official functions performed by the DSS and did not establish a need for the director-general to appear personally.
The judge consequently held that another authorised official of the agency could give evidence on its behalf.
The decision effectively ended Sowore’s attempt to compel Ajayi’s personal appearance at that stage of the trial, allowing the defence to proceed with its case through another DSS witness.
Following the ruling, Fusika called the third defence witness, Michael Jego, an investigating officer with the DSS, to testify. Jego was subsequently led in evidence by the defence counsel as the proceedings continued.
The witness’s appearance marked the continuation of the defence’s presentation of evidence in the case, despite the court’s refusal to order the DSS director-general to testify in person.
The dispute over the subpoena centred on whether the agency’s head had to personally provide the evidence sought by Sowore or whether another officer could adequately address questions concerning the DSS’s official actions.
By permitting another DSS official to testify, the court maintained that evidence relating to the agency’s institutional activities did not necessarily require the personal attendance of its director-general.
The ruling did not, by itself, determine the substantive allegations against Sowore.
Rather, it addressed the defence’s request concerning the identity of the DSS official required to appear as a witness.
Sowore’s trial concerns allegations linked to statements about President Tinubu that authorities have characterised as cyberbullying.
The proceedings have continued as the defence seeks to present evidence in response to the allegations.
The case has attracted attention because it involves a prominent political figure and the use of cybercrime-related laws in proceedings connected to public criticism of the president.
Sowore, a former presidential candidate and publisher of Sahara Reporters, has remained a vocal critic of successive Nigerian administrations.
His political activities and public statements have also featured in previous legal disputes involving government authorities.
The latest ruling means that the defence will continue its presentation of evidence through witnesses considered relevant to the issues before the court, rather than through the DSS director-general personally.
Further proceedings will determine how the evidence presented by the prosecution and defence is considered by the court as the trial progresses.