Omoyele Sowore, presidential candidate of the African Action Congress (AAC) in the 2027 general election, on Monday suffered another setback in his trial over alleged cyberbullying of President Bola Tinubu, as the Federal High Court in Abuja dismissed his application to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to appear personally as a defence witness.
Justice Mohammed Garba Umar dismissed the application while ruling on arguments for and against a subpoena issued to the DSS chief at the request of the activist and politician.
The ruling marked the fourth setback for Sowore in the case instituted by the DSS over his alleged description of President Tinubu as a “criminal.”
The court had earlier dismissed his application alleging a violation of his fundamental rights and rejected his preliminary objection to the trial. The Chief Judge had also rejected his request for the trial judge to recuse himself from the proceedings.
At Monday’s sitting, Sowore, through his counsel, Adeyinka Olumide Fusika, SAN, had sought an order compelling Ajayi to testify on official activities of the DSS relating to the cyberbullying case.
However, the DSS, represented by Akinlolu Thomas Kehinde, SAN, opposed the application, arguing that the matters in question concerned official duties of the agency rather than the personal actions of its Director-General.
Kehinde argued that any authorised official of the service with relevant knowledge could testify on its behalf, making the personal appearance of the Director-General unnecessary.
He maintained that the DSS was an institution whose official activities could be explained by a designated representative, rather than requiring its chief executive to appear personally in court.
In his ruling, Justice Umar held that the subpoena related to official acts of the DSS and that the expected testimony was not personal to the Director-General.
The judge consequently ruled that another official of the service could appear in court to give evidence on behalf of the agency.
Following the ruling, Fusika called Michael Jego, an investigating officer with the DSS, as the third defence witness.
Jego was subsequently led in evidence as proceedings continued.
The case centres on allegations that Sowore cyberbullied President Tinubu through his public statements, including his description of the President as a “criminal.” The allegations remain subject to the court's determination.
Monday's ruling means the defence will proceed with testimony from the DSS investigating officer rather than the agency's Director-General, unless the court subsequently orders otherwise.
