By Ene Okwanihe, Abuja
Nigeria’s Federal High Court in Abuja has dismissed an application by Omoyele Sowore seeking to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to personally testify in his trial over alleged cyberbullying of President Bola Tinubu.
Justice Mohammed Garba Umar, who presided over the case, ruled that the subpoena issued to the DSS chief concerned official duties of the agency and not any personal act of the Director-General.
The judge held that another DSS official could appear in court to give evidence on behalf of the agency.
Monday’s ruling marked the fourth legal setback for Sowore since the DSS instituted proceedings against him over his description of President Tinubu as a “criminal.”
READ ALSO: DSS Seeks Sowore Trial Adjournment Until After 2027 Poll
Previously, the court had dismissed his application alleging a breach of his fundamental human rights and rejected his preliminary objection to the trial. The Chief Judge of the Federal High Court also declined his request for the trial judge to recuse himself from the case.
At the resumed proceedings on Monday, Justice Umar delivered his ruling on arguments for and against the subpoena issued to Ajayi at Sowore’s request.
Sowore, through his counsel, Adeyinka Olumide Fusika, had sought an order compelling the DSS director-general to appear as a witness to testify on the agency’s official activities relating to the case.
However, the DSS, represented by Akinlolu Thomas Kehinde, opposed the application, arguing that the director-general did not need to appear personally because the matter concerned official functions of the agency.
Kehinde argued that any official delegated by the DSS could testify on its behalf, describing Sowore’s insistence on the director-general’s personal appearance as unjustified in a case involving official rather than personal actions.
In his ruling, Justice Umar agreed that the expected testimony related to the official activities of the DSS and was not personal to Ajayi.
The court consequently held that another authorised official of the agency could appear to give evidence on its behalf.
Following the ruling, Fusika called the third defence witness, Michael Jego, an investigating officer with the DSS, who began giving evidence in the case.
The trial is connected to allegations of cyberbullying arising from Sowore’s description of President Tinubu as a “criminal,” which prompted the DSS to approach the court.
