The Director General of the Directorate of State Services (DSS), Dr Oluwatosin Ajayi, on Tuesday, failed to appear before a Federal High Court sitting in Abuja, to testify in the two-count charge filed by the federal government against an activist and presidential candidate of the African Alliance Congress (AAC), Omoyele Sowore for allegedly calling President Bola Tinubu a “criminal” on his Facebook page and X handle.
The DSS boss claimed he was not served but records of the court showed that the subpoena was served on the Director of Legal Services of the DSS.
The Attorney General of the Federation (AGF) and Minister Justice, Prince Lateef Fagbemi, SAN, who appeared for the federal government said the Dr Ajayi was not aware of the service as claimed by Mr Olumide Fusika, SAN, who appeared for Sowore.
The trial judge, Justice Mohammed Umar, asked the court registrar whether service of the subpoena
was effected on the witness, the registrar confirmed that the court process was served on the Director of Legal Services of the DSS.
After applying for his presence in court to give evidence in the matter, Justice Umar ordered Dr Ajayi to appear in the matter.
But during the continuation of trial, the AGF, in his argument against the subpoena, prayed the court to set aside the order for the DG DSS to appear and call on the defendant to proceed with his matter.
But Dr Fusika told the court to discountenance the submission of the AGF, adding that, the AGF can not take over any case at any point without proper notice
“I am not withdrawing the application. I am not moved by the submission of the AGF. I do concede that the AGF can appear in any matter at anytime but I submit that it has to be properly done.
“He can’t appear in court with this type of application without notifying us”, Fusika said.
It would be recalled that Sowore had filed a no case submission praying the court to discharge and acquit him from the two-count charge preferred against him by the federal government but, the trial judge held in a ruling that the federal government had successfully linked Sowore with the alleged offences and prima facie case established against him to warrant his defense in the allegations against him.
Shortly after the ruling, Sowore openly accused the Judge of bias adding that he would not get justice in the court and subsequently asked the Judge to hands off from his trial to allow another judge to conduct the trial.
He alleged that the judge was playing along with the federal government to convict him at all costs so as to prevent him from contesting the 2027 general election.
Justice Umar agreed with the counsel to the federal government, Akinlolu Kehinde, SAN not to grant audience to Sowore but his counsel on record, and dismissed the recusal application.
In the 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.
END
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