The presidential candidate of the African Action Congress (AAC) in the 2027 general election, Omoyele Sowore has lost his efforts to compel the Director General of the Department of State Services (DSS) Tosin Ajayi to personally appear in Court as a witness in his trial before a Federal High Court sitting in Abuja for allegedly calling President Bola Tinubu a “criminal” on his Facebook page and X handle.
The trial judge, Justice Mohammed Umar, in a ruling on Monday, dismissed Sowore’s application after hearing arguments for and against the subpoena issued to the DSS boss at the request of the defence.
Sowore through his lawyer, Adeyinka Fusika SAN, 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 by the federal government.
However, the DSS represented by Akinlolu Kehinde, SAN had opposed the move, arguing that another official of the agency could testify on behalf of the DG.
The senior lawyer argued that it was absurd for Sowore to insist 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 was led in evidence.
In an amended charge filed on December 5, 2025, Sowore was re-arraigned by the federal government on two count charges bothering on defamation of Tinubu as President of the Federal Republic of Nigeria.
Sowore had pleaded not guilty to the two count charges when read to him, prompting the DSS to call its witnesses and also tendered exhibits to establish the Cyberbullying charges preferred against him.
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