RismadarVoice Reporters
October 2, 2026
The Federal High Court in Abuja has adjourned until October 6, 2026, for ruling following a dispute over the appearance of a subpoenaed Department of State Services official in the cybercrime trial involving African Action Congress presidential candidate Omoyele Sowore.
At Friday’s proceedings, counsel to the prosecution, Akinlolu Kehinde, SAN, informed the court that a nominated DSS officer was present and prepared to testify.
Kehinde said the case had been unable to proceed at the previous sitting because the subpoenaed witness was absent.
Sowore’s counsel, Adeyinka Olumide-Fusika, SAN, however, objected to proceeding with the officer, arguing that the subpoena specifically named the DSS Director-General, Oluwatosin Ajayi.
He told the court that both the subpoena and subsequent hearing notice were directed at Ajayi and maintained that the DSS chief had not personally appeared despite being required to do so.
Olumide-Fusika acknowledged that the parties had previously discussed allowing another DSS official to appear in place of the Director-General but argued that the prosecution’s current position differed from the understanding reached earlier.
The defence maintained that if the person named in the subpoena was unable to attend, the appropriate response should be made to the court explaining the circumstances surrounding the absence.
The prosecution disagreed, arguing that the earlier arrangement allowed a nominated DSS officer to testify on behalf of the Director-General because Ajayi had been summoned in his official capacity.
Kehinde maintained that requiring the DSS chief to appear personally was unnecessary and said the officer present in court was capable of giving the evidence sought by the defence.
He also urged the court to foreclose the defence if it declined to proceed with the available witness, noting that the prosecution had already closed its case.
Justice Mohammed Umar observed during the proceedings that there had previously been an understanding concerning the appearance of a DSS officer in place of the Director-General.
After hearing arguments from both sides, the court adjourned the case until October 6 for ruling on the dispute and continuation of the defence.
The disagreement over the DSS witness has featured repeatedly in the proceedings, with the defence seeking evidence from the agency as part of Sowore’s case.
Sowore is standing trial over social media posts concerning President Bola Tinubu. He has denied wrongdoing, while the court has yet to determine the charges against him.
