Department of State Services (DSS) has described as a delay tactic the attempt by activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, to compel its lead counsel, Akinlolu Kehinde, SAN, to testify in his trial for allegedly cyberbullying President Bola Tinubu.
The DSS told the Federal High Court in Abuja on Tuesday that the subpoena issued against Kehinde was in bad faith, legally improper and an abuse of court process.
The secret police argued that the evidence Sowore sought from its lawyer was irrelevant to the cyberbullying charge, adding that Section 192 of the Evidence Act prohibited legal practitioners from disclosing communications made to them in the course of their professional engagement without their clients’ consent.
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The DSS further argued that allowing its lead counsel to testify would deprive the Federal Republic of Nigeria of its choice of legal representation, maintaining that a lawyer could not act as counsel and witness in the same case.
The submission followed an application by the DSS, through its counsel, Kenneth Cyril-Ita, seeking an order setting aside the subpoena issued against Kehinde by Sowore.
Cyril-Ita argued that the subpoena was intended to annoy and irritate the DSS lawyer rather than establish any relevant facts in the trial.
He also contended that the evidence relating to whether the complainant would seek an adjournment, as contained in the publication Sowore sought to tender, was allegedly caught by Section 83(3) of the Evidence Act.
He urged the court to set aside the subpoena and direct Sowore to proceed with his defence.
However, Sowore’s counsel, Adeyinka Olumide Fusika, SAN, through Ruben Adakole, urged the court to uphold the subpoena, insisting that the DSS lead counsel should appear as a defence witness.
After hearing arguments from both parties, the trial judge, Justice Mohammed Garba Umar, fixed November 9 for ruling on the application.
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