Lead counsel to the African Action Congress (AAC) presidential candidate, Omoyele Sowore, Mr Olumide Fusika (SAN), has urged the Department of State Services (DSS) to either withdraw the cyberbullying charge against his client or transfer the matter to the Office of the Attorney-General of the Federation (AGF).
Fusika stated this during a press conference in Lagos on Monday while reacting to the DSS decision to suspend the prosecution of Sowore until after the 2027 presidential election.
The Director-General of the DSS, Tosin Ajayi, had announced on Sunday that the criminal proceedings against Sowore, who is facing charges over comments concerning President Bola Tinubu, would be suspended.
But Fusika faulted the manner in which the decision was communicated, saying the defence team was not formally notified before the DSS made the announcement public.
According to the senior advocate, the defence only became aware of the development through media reports, a procedure he described as unusual in legal practice.
He said: “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.”
Fusika explained that where a prosecuting counsel intends to seek an adjournment in a case already scheduled for hearing, the appropriate step is to notify the opposing counsel and formally make the application before the court.
He warned that the wording of the DSS statement could create the impression that the security agency had the authority to determine when court proceedings should be held or suspended.
He said: “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.”
