Sowore’s Trial: DSS Fails To Produce Witness As Defence Seeks To Compel DG Ajayi’s Appearance

 

Sowore, through his counsel, Adeyinka Olumide-Fusika, SAN, made the request on Monday after the DSS failed to produce the official expected to testify on behalf of the agency.

Human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, has asked the Federal High Court in Abuja to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, or another designated official of the agency to appear and testify in his ongoing alleged cyberbullying trial.

Sowore, through his counsel, Adeyinka Olumide-Fusika, SAN, made the request on Monday after the DSS failed to produce the official expected to testify on behalf of the agency.

Olumide-Fusika told the court that if the DSS representative failed to appear on the next adjourned date, the defence would have no option but to apply for an order compelling Ajayi himself to appear.

The development occurred during the resumed hearing of the case before Justice Umar Mohammed, following the failure of DSS counsel, Akinlolu Kehinde, SAN, to produce the expected witness despite an earlier understanding that an official of the service would appear.

Kehinde told the court that it was not his responsibility to provide a representative of the DSS Director-General to testify.

He argued that the defence ought to have made the necessary arrangements for the witness before the resumption of the proceedings.

The prosecution counsel also maintained that the defence was not ready to proceed and sought the court’s permission to make an application for the closure of the defence’s case.

The judge dismissed the application and queried the prosecution over its position, particularly its apparent lack of knowledge of the earlier understanding that a representative of the DSS would appear in court.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, had, during proceedings on July 28, 2026, told the court that a representative of the service would appear on behalf of Ajayi.

Following that undertaking, the defence had agreed that another competent DSS officer could testify if the Director-General was unable to appear personally.

Olumide-Fusika expressed concern over the absence of the expected witness, arguing that the prosecution should honour the understanding previously reached before the court.

He said the arrangement was that if Ajayi could not appear, another competent officer would be made available to testify on behalf of the service.

The lawyer argued that such an undertaking should be respected, particularly as it had been made in proceedings involving counsel representing the Federal Government.

“Even if he’s not the Attorney-General of the Federation, if it’s just between two lawyers, once your Lordship is aware that this is the understanding, as honourable members of this profession, we should expect that that understanding should be fulfilled,” he said.

DSS Position On Reported Trial Suspension

Olumide-Fusika also drew the court’s attention to media reports and statements attributed to the DSS concerning an alleged plan by the agency to seek an adjournment of Sowore’s trial until after the 2027 general election.

He sought to tender copies of the publications, arguing that the reports were relevant to the circumstances surrounding the absence of the expected witness.

The defence had earlier raised the issue after DSS counsel, Kehinde, denied in open court knowledge of widely reported claims that the agency had directed him to seek a suspension of the trial until after the election.

Several Nigerian media organisations had reported on August 30 that the DSS wanted the trial paused to enable Sowore, an AAC presidential candidate, to participate fully in the electoral process.

PREMIUM TIMES subsequently reported that Kehinde himself had spoken by telephone about the proposed suspension and its rationale.

However, during the earlier proceedings, Kehinde reportedly said he was unaware of the reports and described the accounts as social media creations.

SaharaReporters also reported on Monday, citing sources familiar with the matter, that the DSS had initially sought to suspend the trial until after the 2027 election but subsequently reversed its position and directed its counsel to resume the prosecution.

The sources attributed the reported reversal to dissatisfaction within the agency over Sowore’s continued criticism of President Bola Ahmed Tinubu and his political activities.

During Monday’s proceedings, Olumide-Fusika argued that the reported position of the DSS could explain why the expected witness had not appeared.

He also suggested that the failure to produce the witness could leave the defence unprepared for the proceedings.

“My Lord, the witness is not here,” he told the court, asking for an adjournment to enable the defence to obtain a fresh hearing notice and ensure that the witness was brought before the court.

He added that nobody was above the law and that the defence would make the appropriate application if the witness continued to refuse to appear.

Kehinde, however, objected to the defence’s reliance on media and social media reports.

He said the publication being referred to had not been served on him and that he was unaware of its contents.

The prosecution counsel also questioned the propriety of the defence relying on alleged communications between the DSS and its lawyers as reported in the media.

He urged the court not to entertain the publication, insisting that court proceedings should not be conducted through social media.

“Litigations are not put on social media. We are past that level in this country,” he told the court.

Olumide-Fusika maintained that the reports were relevant to the circumstances surrounding the witness’s absence and insisted that the defence had not fabricated the information.

Defence Seeks Certified Court Documents

The defence also informed the court that it had yet to receive a Certified True Copy (CTC) of the charge and accompanying processes, particularly the summary report of XYZ, despite an application for the documents having been approved by the court’s leadership.

Olumide-Fusika said the document was important because its absence had previously prevented the trial from proceeding.

“We applied for the document because it was the one that stopped the trial from going on the last time. We still haven’t gotten it. So, I’m just appealing to the court,” counsel said.

The judge subsequently directed the court registrars to make the CTC of the documents available before the close of the day.

The case was thereafter adjourned until Friday, October 2, 2026, when proceedings are expected to continue and the issue of the DSS witness will come up again.

SOURCE: SAHARA REPORTERS