Alex Enumah in Abuja
Justice Mohammed Umar of a Federal High Court, Abuja, has turned down request by the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, that the Director General of the Department of State Services (DSS), Tosin Ajayi be summoned to personally appear in court as a witness in Sowore’s trial on alleged cyberbullying President Bola Tinubu.
Recall that the court had at the last proceedings fixed October 19, to decide whether the DSS DG must personally appear in court in respect of a subpoena issued against him, following Sowore’s request.
The defendant through his lawyer, Adeyinka Olumide Fusika SAN, had sought an order of the Federal High Court to compel the DG’s appearance to testify on official activities of the DSS relating to the cyberbullying case instituted against him.
But, lawyer to the DSS, Mr Akinlolu Kehinde, SAN, opposed the move on the grounds that another official of the agency could testify on his behalf.
The senior lawyer argued that it was absurd for Sowore to be insisting on the DSS DG’s appearance in court in an action that was purely official and not personal.
He argued that since the action of the DSS in putting Sowore on trial, any official delegated by the organization can testify for the establishment.
Delivering ruling on Monday, 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.
——————————————————–
Click Here For The Original Source.
