Sowore Withdraws Bid to Compel DSS DG to Testify in Cybercrime Trial

Presidential candidate of the African Action Congress (AAC), Omoyele Sowore, has withdrawn his application seeking to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify in his ongoing cybercrime trial.

Sowore is facing prosecution by the DSS over social media posts in which he allegedly described President Bola Tinubu as a “criminal.”

At the previous hearing on July 22, Sowore’s counsel, Adeyinka Olumide-Fusika (SAN), had informed the court that he would apply for a subpoena requiring the DSS Director-General to appear and produce a September 7, 2025 letter requesting Sowore to retract the allegedly defamatory posts published on his X and Facebook accounts.

The defence argued that the application became necessary after DSS official Uwem Davies, who testified under subpoena, stated that he acted on the directive of the DSS Director-General when issuing the letter.

However, proceedings took a different turn on Tuesday after the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), made his first appearance in the matter.

Fagbemi challenged the subpoena, arguing that Ajayi neither authored nor signed the disputed letter and therefore had no reason to personally appear before the court.

He also noted that the letter had already been admitted into evidence on two separate occasions and that its author, Davies, had already testified before the court.

“The DG of the DSS is not being subpoenaed to appear in his personal capacity. He is being subpoenaed in his official capacity to give evidence in respect of an official letter,” Fagbemi argued.

Olumide-Fusika initially objected to the Attorney-General’s appearance, contending that no formal notice had been filed indicating that he had taken over the prosecution from the original counsel.

He also requested an adjournment to respond to legal authorities cited by the Attorney-General.

Following a brief consultation between both senior lawyers, the defence agreed to withdraw its insistence that the DSS Director-General must personally testify.

Instead, both parties agreed that another DSS official could appear to answer questions relating to the September 7, 2025 letter.

Justice Mohammed Umar subsequently ruled that the earlier arguments had become academic and adjourned the matter until August 3 for continuation of the defence.