The lead counsel to African Action Congress (AAC) presidential candidate Omoyele Sowore, Olumide Fusika (SAN), has faulted the Department of State Services (DSS) for announcing the suspension of his client’s cyberbullying prosecution without notifying the defence team.
Gatekeepers News reports that the DSS Director-General, Tosin Ajayi, announced on Sunday that the agency would suspend the criminal prosecution of Sowore until after the 2027 presidential election.
Sowore is facing prosecution over allegations that he referred to President Bola Ahmed Tinubu as a criminal.
However, speaking with journalists on Monday, Fusika said the defence team was not informed about the decision and only learnt of it through media reports.
“We got to know of these developments the same way you all got to know of it, through publication. We never got any such press statement,” he said.
Fusika described the approach as inconsistent with established legal practice, arguing that a prosecuting counsel seeking an adjournment in a matter already scheduled for hearing should notify the opposing counsel before making such a move.
He also criticised the wording of the DSS statement, saying it suggested that the security agency had the authority to determine when the court would sit.
“The statement gives the impression that the DSS is the one in control of the court. It determines when the court sits and when the court does not sit,” he said.
The senior advocate urged the DSS to adopt proper communication procedures, warning that its handling of judicial matters could undermine public confidence in Nigeria’s justice system, particularly internationally.
On the DSS’s explanation that the suspension was intended to enable Sowore to participate fully in the forthcoming elections, Fusika said the rationale was understandable, although his client might not necessarily agree with it.
He nevertheless urged the agency to take further steps that would be consistent with its stated position.
“Based on that understanding, I would respectfully suggest to the DSS to do either of two things: instruct counsel to withdraw the charge completely, or hand it over to the office of the Honourable Attorney-General of the Federation,” he said.
Fusika also questioned the DSS’s involvement in criminal prosecutions, maintaining that the agency’s statutory responsibilities primarily concern internal security and intelligence gathering.
According to him, the DSS should investigate alleged offences and hand over appropriate cases to the Attorney-General of the Federation rather than directly prosecuting individuals over statements made against the President.
“The duty of the DSS is to investigate and hand over to the office of the Attorney-General of the Federation, not to charge to court anyone who makes statements against the President,” he said.
He warned that prosecuting cases involving government critics, including that of former presidential candidate Prof. Pat Utomi, could expose the DSS to political controversies and potentially damage public confidence in the agency.
Fusika said the defence would not object to any formal application by the prosecution seeking an adjournment when the matter comes before the court.
He, however, urged the DSS leadership to protect the credibility of the institution by avoiding the prosecution of individuals solely for criticising the government.
