Presidential candidate of the African Action Congress (AAC), Omoyele Sowore, has withdrawn his request to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify in his ongoing trial over alleged criminal defamation.
Sowore is being prosecuted by the DSS over allegations that he described President Bola Tinubu as a “criminal” in posts published on his verified X and Facebook accounts.
At the previous hearing on July 22, Sowore’s counsel, Adeyinka Olumide-Fusika (SAN), had indicated plans to seek a subpoena compelling the DSS Director-General to appear in court and produce a letter dated September 7, 2025, which requested Sowore to retract the alleged defamatory posts.
The defence argued that the subpoena became necessary after a DSS official, Uwem Davies, who testified as the second defence witness, was unable to adequately address questions relating to the letter.
According to Olumide-Fusika, Davies had informed the court that he acted on the directive of the DSS Director-General, making Ajayi a necessary witness to clarify issues surrounding the document.
AGF challenges subpoena
However, at Tuesday’s proceedings before Justice Mohammed Umar, the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), made his first appearance in the case and challenged the validity of the subpoena issued against the DSS chief.
Fagbemi argued that the subpoena was procedurally defective, noting that it had not been personally served on Ajayi as required by law.
He also pointed out that the court process did not specify the date on which the DSS Director-General was expected to appear.
The AGF further argued that the letter the defence sought to tender through Ajayi had already been admitted into evidence on two occasions.
“As a matter of record, this document has already been tendered and admitted as Exhibit D and later as Exhibit DWC. It was tendered by the defendant,” he told the court.
Fagbemi maintained that while the defence had the right to seek a subpoena, such a privilege was not without limits.
He argued that the DSS Director-General was being summoned in his official capacity over an official document and that compelling his appearance amounted to an abuse of court process.
The AGF urged the court to set aside the subpoena and direct the defence to continue with its case.
Defence questions AGF’s appearance
Responding, Olumide-Fusika questioned the Attorney-General’s appearance in the matter, arguing that due process required him to formally notify the court if he intended to take over the prosecution from the counsel who had been handling the case.
He sought an adjournment to enable the defence respond to legal authorities cited by the AGF and urged the court to disregard the submissions made.
“What the AGF has done today is to appear and make submissions. We are entitled to be notified that he is taking over the prosecution from the lawyer who filed the charge and has been appearing in the matter,” Olumide-Fusika said.
Defence changes position
Before the court could rule on the arguments, both senior lawyers held a brief discussion outside the formal proceedings.
Following the meeting, Fagbemi informed the court that the defence had agreed to withdraw its insistence that the DSS Director-General must personally appear.
Instead, the defence accepted that another authorised DSS official could testify and respond to questions regarding the September 7, 2025 letter.
In view of the development, both parties agreed that the dispute over the subpoena had become unnecessary, eliminating the need for the court to rule on the earlier arguments.
Justice Mohammed Umar subsequently adjourned the matter until August 3, directing that an appropriate official of the Department of State Services appear in compliance with the subpoena previously issued.
