The Presidential candidate of the African Action Congress (AAC) and Rights activist, Omoyele Sowore, on Friday insisted that the Director-General of the Department of State Services (DSS), Mr Tosin Ajayi, should appear before the Federal High Court sitting in Abuja to give evidence in the defamation case filed against him by the Federal Government for allegedly calling President Bola Tinubu a “Criminal” on his Facebook page and X handle.
Sowore’s insistence followed the breakdown of understanding between the defense lawyer, Mr Adeyinka Olumide-Fusika, SAN, and the prosecution counsel, Mr Akinlolu Kehinde, SAN.
Mr Olumide-Fusika had secured an order of the court to ask the DG to appear before the court to give evidence in the case.
But an understanding was reached with the intervention of the Attorney General of the Federation (AGF) and Minister of Justice, Prince Latest Fagbemi, SAN, that an officer of the department should appear instead of the DG.
But the understanding broke down when no proper arrangement was made for the witness to appear.
Olumide Fusika told the court that, “I was informed that the service of hearing notice was effected on the DSS but I’ve not seen any sign that he is here this morning.
“At the last adjourned date, we had an understanding that rather than pursuing the DG to appear, we opted to go for any officer to appear.
“Since no witness is here, we are insisting now that the DG himself should come. The order of the court and the hearing notice was directed at him, so, he has to be in court.
“The prosecution repudiated the understanding we had, therefore, the DG has to come. The subpoena did not say any officer, it was directed to the DG, specifically”, he said.
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Sowore’s Counsel said the AGF has never filed any process in this matter. Everything he said on the day he appeared before the court should be discountenance; he is not the one that filed the charge.
“It was the understanding we had with the AGF that made us to ask any officer to appear and the prosecution has repudiated it.
“For the Prosecution to come to court this morning and behave as if there was never any understanding; we must draw a line, we are tired of being tossed around”, he said.
But Mr Kehinde, in his submission said the record of the court shows that what is expected from the DSS is for an officer to be in court and confirm to the court that the nominated officer is in court, adding that he was ready to go on with the case.
He said, “On 28 July, 2026, the AGF led me when this issue came up. The DG of DSS’ name appears in the Supoena in his personal capacity and the AGF argued that where the name of a person, who is acting in a position in office appears in a Supoena, it will be absurd for the person to come to court because it’s not a personal matter.
“That is why an officer from that office is here to give evidence. He has no personal interest in this matter, therefore, if they are not willing to go on, the court should close their case because we must make progress in this matter. The witness from the DSS is available. It is not an act of charity that the prosecution agreed to send an officer”, he said.
In the amended charge filed on December 5, 2025, Sowore was re-arraigned by the federal government on two count charges bothering on defamation of Tinubu as President of the Federal Republic of Nigeria.
Sowore had pleaded not guilty to the two count charges when read to him, prompting the DSS to call its witnesses and also tendered exhibits to establish the Cyberbullying charges.
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