Online publisher and African Action Congress (AAC) presidential candidate Omoyele Sowore on Tuesday withdrew his plan to call the Director-General of the Department of State Services (DSS), Adeola Ajayi, as a witness in his ongoing trial over alleged criminal defamation of President Bola Tinubu on social media. Sowore informed the Federal High Court in Abuja that the evidence for which he had earlier subpoenaed the DSS boss could instead be obtained from another official of the service.
Attorney-General Leads Prosecution for First Time
At Tuesday's proceedings, the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), personally led the prosecution on behalf of the Federal Government for the first time since the trial began. Fagbemi objected to the subpoena issued to the DSS Director-General, arguing that the document on which Ajayi was expected to testify was not authored by him but by another DSS official who had already testified in the case.
The AGF further argued that the DSS letter advising Sowore to remove social media posts in which he described President Tinubu as a "criminal" had already been tendered and admitted as evidence twice by the court, making any further attempt to tender it unnecessary. He also told the court that the author of the letter, Uwen Davis, had testified on July 22 on behalf of the defence and that the document was already before the court.
Defence Counsel Challenges AGF's Appearance
Sowore's counsel, Olumide Fusika (SAN), objected to the Attorney-General's personal appearance in the matter, arguing that Akinlolu Kehinde (SAN) remained the Federal Government's counsel on record in the case. Fusika contended that the AGF's involvement was procedurally improper given that another lawyer was already representing the prosecution. After hearing arguments from both sides, Justice Muhammed Umar adjourned the matter until August 3 for the continuation of the defence.
Case Background and Implications
The trial stems from Sowore's social media posts in which he referred to President Tinubu as a "criminal," leading to charges of criminal defamation under Nigerian law. The DSS had earlier written to Sowore advising him to remove the posts, a letter that has been central to the proceedings. Sowore, who also served as a presidential candidate in the 2023 elections, has maintained that his comments were protected under free speech rights. The withdrawal of the subpoena against the DSS DG marks a strategic shift in his defence, as the court continues to weigh the evidence presented. The next hearing on August 3 is expected to see further testimony from defence witnesses as the trial progresses.
