News Investigators/ The Federal High Court in Abuja on Monday dismissed an application by Omoyele Sowore, publisher of Sahara Reporters, seeking an order compelling the Director-General (DG) of Department of State Services (DSS), Mr Oluwatosin Ajayi, to testify in his defence.
Justice Mohammed Umar, in a ruling, held that the application by Sowore, the presidential candidate of Action Action Congress (AAC), would not serve the interest of justice.
Justice Umar held that the DG or any designated officer of the service who had full knowledge of its official and other relevant business could testify before this court for the defendant (Sowore).
The News Agency of Nigeria (NAN) reports that Sowore is being prosecuted by the DSS on allegations bordering on cybercrime.
The defendant was alleged to have, in August 2025, published posts on X (formerly Twitter) and Facebook, describing President Bola Tinubu as a “criminal” and accusing him of lying about the level of corruption in the country.
Sowore, through his lawyer, Adeyinka Olumide Fusika, SAN, had sought an order of the court compelling the DG’s appearance to testify relating to the cyberbullying case instituted against him.
The DSS’ lawyer, Akinlolu Kehinde, SAN, had opposed the move, arguing that another official of the agency could testify on his behalf.
The senior lawyer argued that it was absurd for Sowore to insist on the DSS DG’s appearance in court in an action that was purely official and not personal.
In his ruling, Justice Umar agreed with Kehinde’s argument that the subpoena concerned an official act of the DSS and that the expected testimony was not personal to the DG.
According to the judge the testimony that is expected from the Director General is not personal, but in respect of an official act or engagement.
Justice Umar consequently ruled that another DSS official could appear to give evidence on the agency’s behalf.
Following the ruling, defence counsel called the 3rd defence witness, Michael Jego, an investigating officer with the DSS.
Jego said he was a member of the DSS investigation team which flagged the controversial post of Sowore on X and Facebook and subsequently advised him to retract it.
The witness said the posts made on 26 Aug. 26, 2025 had the potential of posing a significant threat to national security.
The witness told the court that he was part of an investigation team that monitored reactions with relation to the post.
NAN
