The high-stakes criminal trial of African Action Congress (AAC) presidential candidate, Omoyele Sowore, took a dramatic twist on Monday as a Federal High Court in Abuja refused to compel the Director-General of the Department of State Services, Tosin Ajayi, to appear in person to testify for the defence.
Judge Strikes Out Sowore’s Demand
Justice Mohammed Umar, in a sharp ruling, upheld the objection of prosecution counsel, Akinlolu Kehinde (SAN), that it was unnecessary for the DSS boss to be dragged to court when the expected testimony borders purely on official acts of the agency.
“The subpoena issued is on an official act of the DSS, the expected testimony is not personal to the DG,” Justice Umar declared, insisting that any senior official of the Service can competently give evidence on behalf of the Director-General.
Sowore, who is being prosecuted by the DSS over his August 2025 posts on X and Facebook where he allegedly described President Bola Ahmed Tinubu as a “criminal” and accused him of lying about corruption, had sought to subpoena the DSS chief as his third defence witness.
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Prosecution’s Fireworks
The prosecution fired back hard. Kehinde told the court it would be absurd to insist that only the named DG must appear, citing the Supreme Court decision in Ishaq v. Soniyi (2002). He argued that the DSS has cases in various divisions of the Federal High Court and it was practically impossible for its DG to attend all.
“This is a case that is over a year old. The prosecution closed its case on March 16, 2026. The decision as to who should attend court is at the discretion of the court, not that of the defence,” Kehinde argued.
He revealed that the Attorney-General of the Federation had earlier intervened on July 28 and parties had agreed that another official would represent the DG, adding that such official was already in court and ready.
Trial Continues
Following the ruling, Sowore’s lead counsel, Adeyinka Olumide-Fusika (SAN), called his third witness, Michael Jego, an investigator with the DSS, to the stand.
Justice Umar has adjourned further hearing till October 26, as the battle over Sowore’s controversial social media posts enters its decisive phase.
