Court to Rule on DSS DG’s Appearance in Sowore Trial

 

The Federal High Court in Abuja has fixed Tuesday, October 6, for ruling on whether the Director-General of the Department of State Services, Tosin Ajayi, can be compelled to appear personally and testify as a defence witness in the cyberbullying trial of Omoyele Sowore.

Justice Mohammed Garba Umar fixed the date after hearing arguments from both the prosecution and defence over a subpoena issued at the instance of Sowore, who is being prosecuted by the DSS over social media posts published in August 2025.

The posts, published on X and Facebook, allegedly described President Bola Tinubu as a “criminal” and accused him of lying about the level of corruption in the country. Sowore pleaded not guilty to the amended two-count charge filed against him. 

At the resumed proceedings, prosecution counsel, Akinlolu Kehinde, SAN, urged the court to reject Sowore's demand that the DSS Director-General appear personally, arguing that it was unnecessary and contrary to the position of the law.

Kehinde relied on a Supreme Court decision in Ishaq v. Soniyi, arguing that where a subpoena is issued to a named public official, it does not necessarily mean that only the individual named must personally appear if another appropriate official can testify on the agency's behalf.

He told the court that parties had previously agreed that an appropriate DSS official could appear in place of the Director-General and that the nominated official was available in court to testify. He further argued that Ajayi had no personal interest in the case and had acted only in his official capacity.

Sowore's lawyer, Adeyinka Olumide-Fusika, SAN, however, maintained that the subpoena specifically named the DSS Director-General and that he should therefore appear personally. He argued that the demand became necessary because an earlier DSS witness, Uwem Davies, had repeatedly indicated that some questions could only be answered by the Director-General.

The prosecution has already closed its case, having called its witnesses and tendered exhibits before ending its evidence on March 16, 2026. The dispute over the DSS DG's appearance has therefore become a significant issue in the defence phase of the trial.

Justice Umar's ruling on Tuesday will determine whether Ajayi must personally enter the witness box or whether another DSS official can testify on behalf of the agency.