DSS Challenges Sowore’s Subpoena of Lead Counsel in Cyberbullying Trial

The Department of State Services (DSS) has formally challenged an attempt by Omoyele Sowore, the African Action Congress (AAC) presidential candidate, to call the agency’s lead counsel as a witness in his ongoing cyberbullying trial. The legal dispute, which centers on allegations regarding President Bola Tinubu, has reached a critical juncture at the Federal High Court in Abuja.

The Nature of the Dispute

During proceedings on Tuesday, the DSS argued that the subpoena issued to its lead counsel, Akinlolu Kehinde, SAN, constitutes an abuse of the judicial process. The agency contends that the move is a strategic maneuver designed to obstruct the prosecution of the case. According to the DSS, the defense is attempting to force the lead lawyer into an untenable position where he would be required to serve as both a witness and an advocate in the same matter.

Kenneth Cyril-Ita, representing the DSS, urged Justice Mohammed Garba Umar to quash the subpoena. He stated that failing to do so would effectively deprive the Federal Republic of Nigeria of its chosen legal representation. The prosecution maintains that the defense’s objective is to stall the trial, which concerns allegations of cyberbullying directed at the President.

Arguments from the Defense

In response to the DSS’s motion, Ruben Adakole, appearing on behalf of Sowore, requested that the court dismiss the agency’s objection. The defense maintains that the subpoena is valid and that the defendant should be permitted to summon the lead counsel to provide testimony. The defense team, led by Adeyinka Olumide Fusika, SAN, has insisted on the necessity of this witness for their case.

Procedural Context and Next Steps

The proceedings also touched upon claims regarding potential delays in the trial timeline. The DSS explicitly rejected suggestions that the prosecution had sought to suspend the case or secure an adjournment lasting until 2027. The agency cited Section 83(3) of the Evidence Act as the governing framework for addressing concerns about trial scheduling and the intent of the complainant.

The DSS has formally requested that the court invalidate the subpoena and direct the defendant to proceed with his defense. Justice Mohammed Garba Umar has listened to the arguments from both legal teams and has scheduled November 9 for a formal ruling on the application. Until that date, the trial remains in a state of procedural pause as the court determines the validity of the defense’s request to call the prosecution’s lead lawyer to the stand.

Conclusion

The upcoming ruling on November 9 will be a decisive moment for the trial, as it will clarify the boundaries of witness summons in high-profile cases involving state agencies. As of now, the court has not yet ruled on whether the subpoena will stand or if the prosecution will be allowed to proceed without its lead counsel being compelled to testify.

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p class=”vbna-source-note”>Source: Daily Post Nigeria

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