The presidential candidate of the African Action Congress (AAC) in the 2027 general election, Omoyele Sowore, on Monday lost his bid to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to appear in court as a witness in his trial over an alleged cyberbullying of President Bola Tinubu.
Justice Mohammed Garba Umar of the Federal High Court in Abuja dismissed Sowore’s application while delivering a ruling on the matter.
Monday’s decision marked Sowore’s fourth legal setback since the DSS approached the court over his description of Tinubu as a “criminal”.
The court had earlier dismissed his application alleging a breach of his fundamental human rights and his preliminary objection to the trial. The Chief Judge also rejected his request for the trial judge to recuse himself.
At the resumed hearing on Monday, Justice Umar ruled on arguments for and against the subpoena Sowore requested to the DSS Director-General.
Sowore, through his lawyer, Adeyinka Olumide Fusika, SAN, had sought an order compelling Ajayi to appear and testify on the DSS’s official activities relating to the cyberbullying case against him.
However, the DSS, represented by Akinlolu Thomas Kehinde, SAN, opposed the move, arguing that another agency official could testify on his behalf.
The senior lawyer argued that it was absurd for Sowore to insist on the DSS DG’s appearance in court in an action that was purely official, not personal.
He argued that because the DSS’s action of putting Sowore on trial was official, any official delegated by the organisation could testify on its behalf.
In his ruling, Justice Umar held that the subpoena concerned an official act of the DSS and that the expected testimony was not personal to the Director-General.
The court consequently ruled that another DSS official could appear to give evidence on the agency’s behalf.
Following the ruling, defence counsel Olumide Fusika SAN called the third defence witness, Michael Jego, an investigating officer with the DSS, who is currently being led in evidence.
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