DSS Opposes Sowore’s Bid to Make Lead Counsel Witness in Cyberbullying Trial
By: Zagazola Makama
The Department of State Services (DSS) has opposed African Action Congress (AAC) presidential candidate Omoyele Sowore’s attempt to subpoena its lead counsel, Akinlolu Kehinde, SAN, as a witness in his alleged cyberbullying trial involving President Bola Tinubu.
The DSS told the Federal High Court in Abuja on Tuesday that the subpoena was issued in bad faith and constituted an attempt to delay the trial.
The trial judge, Justice Mohammed Garba Umar, subsequently fixed November 9, 2026, to deliver ruling on the application after hearing arguments from counsel on both sides.
At Tuesday’s proceedings, Kenneth Cyril-Ita, who represented the DSS, urged the court to set aside the subpoena issued against Kehinde by Sowore, through his counsel, Adeyinka Olumide Fusika, SAN.
Cyril-Ita argued that the evidence Sowore intended to obtain through the subpoena was irrelevant to the charges against him.
He also relied on Section 192 of the Evidence Act, arguing that legal practitioners were prohibited from disclosing communications made to them in the course of their professional engagement without the consent of their clients.
The DSS lawyer described the subpoena as an abuse of court process, alleging that it was calculated to annoy and irritate the prosecution’s lead counsel.
He further argued that allowing Kehinde to testify would deprive the Federal Republic of Nigeria of counsel of its choice, insisting that a lawyer could not simultaneously act as counsel and witness in the same matter.
According to Cyril-Ita, there was no application before the court seeking to suspend or adjourn the trial until 2027, contrary to what Sowore allegedly claimed.
He also argued that the issue of whether the complainant would request an adjournment, as reflected in the publication sought to be tendered, was allegedly caught by Section 83(3) of the Evidence Act.
The DSS therefore urged Justice Umar to set aside the subpoena and direct Sowore to proceed with his defence.
However, Ruben Adakole, counsel representing Sowore, urged the court to uphold the subpoena, arguing that the DSS lead counsel should be allowed to testify as requested by the defendant.
After hearing submissions from both parties, Justice Umar adjourned the matter until November 9 for ruling.
The court’s decision will determine whether the DSS lead counsel will be required to appear as a witness in the ongoing trial.
