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Omoyele Sowore, the African Action Congress (AAC) presidential candidate for the 2027 general election, has suffered another legal setback in his trial over alleged cyberbullying of President Bola Tinubu after the Federal High Court in Abuja rejected his application to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify personally.
Justice Mohammed Garba Umar dismissed the application on Monday while ruling on arguments presented by Sowore’s defence team and the DSS over a subpoena issued at the request of the activist.
The decision marks the fourth unsuccessful court application by Sowore in the case instituted against him by the DSS over his alleged description of President Tinubu as a “criminal.”
Previous applications by the activist, including a fundamental rights suit and a preliminary objection challenging the trial, were dismissed. His request for the presiding judge to withdraw from the proceedings was also rejected by the Chief Judge.
At Monday’s hearing, Sowore’s lawyer, Adeyinka Olumide Fusika, SAN, urged the court to compel Ajayi to appear as a defence witness to provide evidence concerning the DSS’s official activities in connection with the case.
However, the application was opposed by the DSS, represented by Akinlolu Thomas Kehinde, SAN.
Kehinde argued that the issues on which the defence wanted Ajayi to testify related to the official responsibilities of the security agency, rather than the personal conduct of its Director-General.
He maintained that any authorised DSS official with relevant knowledge of the matters under consideration could testify on behalf of the agency, insisting that Ajayi’s personal appearance was unnecessary.
According to the DSS counsel, the agency could present evidence through a designated representative capable of explaining its official actions without requiring its chief executive to appear in person.
In his ruling, Justice Umar agreed that the subpoena concerned the official activities of the DSS and that the proposed testimony was not personal to the Director-General.
The judge consequently held that another authorised official of the service could appear before the court and provide the required evidence on behalf of the agency.
Following the ruling, Fusika called Michael Jego, a DSS investigating officer, as the third defence witness. Jego was subsequently led in evidence as the trial continued.
The case centres on allegations that Sowore made statements about President Tinubu that amounted to cyberbullying, including referring to the President as a “criminal.” The allegations remain before the court and are yet to be determined.
Monday’s ruling means the defence will proceed with testimony from the DSS investigating officer rather than the agency’s Director-General, unless the court makes a different order at a later stage of the proceedings.
Source:@ZagazolaMakama
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