By Vivian Okejeme
The Director-General of the Department of State Services (DSS), Dr Oluwatosin Ajayi, on Tuesday failed to appear before a Federal High Court in Abuja to testify in the case involving Omoyele Sowore.
When the matter was called, the DSS Director-General was visibly absent from court.
Counsel to Sowore, Mr Olumide Fusika, SAN, informed the court, relying on court records, that the subpoena had been served on the Director of Legal Services of the DSS.
However, counsel to the prosecution, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, argued that Dr Ajayi was not aware of the service, maintaining that he had not been personally served.
Justice Mohammed Umar asked the court registrar whether the subpoena had been served on the witness. The registrar confirmed that the court process had been served on the Director of Legal Services of the DSS.
It will be recalled that Justice Umar had earlier ordered Dr Ajayi to appear in court following an application seeking his presence to give evidence in the matter.
However, during Tuesday’s proceedings, the Attorney-General argued against the subpoena and urged the court to set aside its earlier order directing the DSS Director-General to appear. He also asked the court to direct the defendant to proceed with his case.
In response, Mr Fusika urged the court to discountenance the Attorney-General’s submissions.
According to him, the Attorney-General cannot take over a case at any stage without giving proper notice to the parties involved.
Fusika said: “I am not withdrawing the application. I am not moved by the submission of the Attorney-General. I concede that the Attorney-General can appear in any matter at any time, but I submit that it has to be done properly.
“He cannot appear in court with this type of application without notifying us.”
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