The Federal High Court in Abuja has rejected an application by activist and politician Omoyele Sowore seeking to compel the Director-General of the Department of State Services (DSS), Tosin Ajayi, to appear personally as a witness in his ongoing trial over alleged cyberbullying involving President Bola Tinubu.
Justice Mohammed Garba Umar dismissed the application after hearing arguments from Sowore’s defence team and the DSS over a subpoena issued to the agency’s director-general.
Sowore, who is associated with the African Action Congress (AAC) ahead of the 2027 general election, had asked the court to require Ajayi to testify about the security agency’s official activities relevant to the case.
His counsel, Senior Advocate of Nigeria Adeyinka Olumide Fusika, argued that the DSS director-general should personally appear in court to provide evidence considered relevant to the defence.
However, the DSS opposed the application, maintaining that another authorised officer with sufficient knowledge of the issues could testify on behalf of the agency.
The security agency was represented by Senior Advocate of Nigeria Akinlolu Kehinde, who argued that Ajayi’s personal attendance was unnecessary because the matters in question related to the official functions of the DSS rather than issues specific to the director-general.
Kehinde challenged the need to compel the agency’s head to testify when another officer familiar with the relevant matters could provide the required evidence.
After considering the submissions, Justice Umar ruled that the subpoena concerned the official functions of the DSS and did not establish a sufficient basis for requiring Ajayi to appear personally.
The judge consequently held that another authorised official of the agency could testify on its behalf.
DSS Investigating Officer Called as Defence Witness
Following the ruling, Fusika called Michael Jego, an investigating officer with the DSS, as the third defence witness.
Jego was subsequently led in evidence by the defence counsel as proceedings continued.
His appearance allowed the defence to proceed with its presentation of evidence despite the court’s refusal to compel the DSS director-general to testify in person.
The dispute over the subpoena centred on whether Ajayi had to personally provide the evidence sought by Sowore or whether another DSS officer could adequately address questions relating to the agency’s official activities.
By permitting another authorised official to testify, the court accepted that evidence concerning the agency’s institutional functions did not necessarily require the personal attendance of its director-general.
What the Ruling Means for Sowore’s Trial
The decision addresses the identity of the DSS official required to testify and does not, by itself, determine the substantive allegations against Sowore.
The defence will continue presenting evidence through witnesses considered relevant to the issues before the court, while the prosecution and defence are expected to present their respective cases as the proceedings advance.
Sowore’s trial concerns allegations linked to statements about President Tinubu that authorities have characterised as cyberbullying.
The case has attracted public attention because it involves a prominent political activist and the application of cybercrime-related laws in proceedings connected to criticism of Nigeria’s president.
Sowore, a former presidential candidate and publisher of Sahara Reporters, has remained a vocal critic of successive Nigerian administrations and has been involved in several legal disputes with government authorities.
The latest ruling means the defence can continue its case through other relevant DSS witnesses without the director-general being required to appear personally at this stage.
Further proceedings will determine how the evidence presented by both sides is assessed as the trial continues.