By Vivian Okejeme
The Federal High Court in Abuja has dismissed an application by the publisher of Sahara Reporters, Omoyele Sowore, seeking to compel the Director-General of the Department of State Services (DSS), Tosin Ajayi, to appear personally in court as a witness in his trial over alleged cyberbullying of President Bola Tinubu.
Justice Mohammed Garba Umar dismissed the application after listening to arguments for and against the subpoena issued to the DSS director-general at the request of the defence.
Sowore, the presidential candidate of the African Action Congress (AAC) in the 2027 general election, had, through his lawyer, Adeyinka Olumide Fusika, SAN, sought an order compelling the DSS director-general to testify on the agency’s official activities relating to the cyberbullying case instituted against him.
However, the DSS, represented by Akinlolu Thomas Kehinde, SAN, opposed the application, arguing that another official of the agency could testify on behalf of the director-general.
The senior lawyer described Sowore’s insistence on the DSS director-general’s personal appearance in court as unreasonable, arguing that the case concerned official duties rather than any personal action by the agency’s head.
He further argued that since the DSS’s actions in the case were official, any officer delegated by the agency could testify on its behalf.
In his ruling, Justice Umar held that the subpoena concerned an official act of the DSS and that the expected testimony was not personal to the director-general.
Consequently, the court ruled that another DSS official could appear and give evidence on behalf of the agency.
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