The Federal High Court in Abuja has adjourned the ongoing cyberbullying trial of African Action Congress (AAC) presidential candidate Omoyele Sowore after arguments over whether the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, should personally appear in court as a defence witness.
Justice Mohammed Umar had fixed Tuesday, October 6, 2026, for ruling on the issue after hearing arguments from both the prosecution and defence on October 2.
Sowore’s lawyer, Adeyinka Olumide-Fusika, SAN, insisted that Ajayi should personally appear before the court, arguing that the subpoena was specifically issued to the DSS Director-General. The defence said its position followed testimony from a DSS official, Uwem Davies, who reportedly indicated that some questions could only be answered by the Director-General himself.
The prosecution, however, opposed the demand, arguing that another DSS official could competently testify on behalf of the Director-General. Prosecuting counsel Akinlolu Kehinde, SAN, said it would be impractical to require the DSS chief to personally attend every proceeding involving the Service.
The prosecution also argued that Ajayi was acting in his official capacity and had no personal interest in the case, maintaining that an officer designated by the DSS was available and prepared to testify.
The dispute over the DSS Director-General’s appearance follows an earlier understanding between the parties that another DSS official could appear in his place. Sowore’s defence later withdrew from that arrangement after the designated witness failed to appear, insisting that the original subpoena directed specifically at Ajayi should be enforced.
Sowore is facing trial over social media posts published in August 2025 in which he described President Bola Tinubu as a “criminal” and accused him of misrepresenting the level of corruption in Nigeria. The DSS subsequently brought the case before the Federal High Court.
The case has attracted particular attention because Sowore is also the AAC presidential candidate for the 2027 election. The DSS had previously considered seeking an adjournment of the trial to enable him to participate fully in the election campaign, although the prosecution later proceeded with the continuation of his defence.
Justice Umar is expected to determine whether the DSS Director-General can be compelled to personally appear and testify in the case.
The ruling could determine the next stage of Sowore’s defence and whether the DSS chief will personally face questioning by the defence.
