The prosecution in the trial of African Action Congress (AAC) presidential candidate Omoyele Sowore has opposed the defence’s demand that the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, personally appear in court to testify.
Gatekeepers News reports that at Wednesday’s proceedings, prosecuting counsel Akinlolu Kehinde, SAN, argued that Sowore’s lawyer, Adeyinka Olumide-Fusika, SAN, could not insist that the DSS Director-General personally comply with a subpoena issued to him.
Kehinde relied on the Supreme Court’s decision in Ishaq v. Soniyi (2002) ALL FWLR (Pt. 498) 347 at 373, where the court held that where a subpoena is directed to a named public officer, it would be absurd to insist that only the named officer could appear in compliance with the subpoena.
The prosecution counsel recalled that the Attorney-General of the Federation (AGF), who led the prosecution team on July 28, 2026, had made a similar submission, arguing that the defence could not insist on the personal appearance of the DSS Director-General if another appropriate official could represent him.
Kehinde said the parties subsequently agreed that an appropriate DSS official would be nominated to represent the Director-General.
He told the court that, in line with that understanding, a DSS official had been designated and was present in court, ready to testify.
The prosecution further argued that Ajayi had no personal interest in the case, having acted solely in his official capacity.
Kehinde said it would be impracticable for the DSS Director-General to personally attend every court proceeding involving the Service, particularly because the agency has cases pending before different divisions of the Federal High Court.
Earlier, however, Olumide-Fusika argued that the prosecution had reneged on the understanding reached by the parties that a DSS official could appear on behalf of the Director-General.
He alleged that the prosecution failed to produce the designated official on the previous adjourned date.
The defence counsel maintained that because the subpoena and hearing notice were issued in the name of the DSS Director-General, Ajayi was required to appear personally.
Olumide-Fusika further told the court that the decision to subpoena the Director-General in his personal capacity followed the testimony of the second defence witness, Uwem Davies, a DSS official.
According to him, Davies repeatedly indicated during his testimony that some questions could only be answered by the Director-General.
Following the arguments, Justice Mohammed Umar adjourned the case until October 6, 2026, to rule on whether the DSS Director-General can be compelled to personally appear and testify as a defence witness regarding actions taken by the Service.
Sowore is standing trial over allegations of cyberbullying arising from posts he published on X, formerly Twitter, and Facebook in August 2025.
In the posts, he described President Bola Tinubu as a “criminal” and accused him of misrepresenting the level of corruption in Nigeria.
