Omoyele Sowore, presidential candidate of the African Action Congress (AAC), has withdrawn his request to compel Oluwatosin Ajayi, director-general of the Department of State Services (DSS), to testify in his ongoing cybercrime trial.
Sowore is being prosecuted by the DSS over social media posts in which he allegedly described President Bola Tinubu as a “criminal”.
At the previous hearing on July 22, Adeyinka Olumide-Fusika, counsel to Sowore, told the court he would seek a subpoena compelling Ajayi to appear and produce a September 7, 2025, letter requesting that Sowore retract the alleged defamatory posts published on his X and Facebook accounts.
The senior advocate said the application became necessary after Uwem Davies, a DSS official who testified for the defence under subpoena, was unable to answer questions relating to the letter.
According to Olumide-Fusika, Davies told the court he acted on the directive of the DSS director-general in issuing the letter, making it necessary for Ajayi to explain the circumstances surrounding it.
However, when the matter came up on Tuesday, the defence abandoned the request after a dispute over the appearance of Lateef Fagbemi, the Attorney-General of the Federation (AGF), in court.
Fagbemi, who was appearing in the matter for the first time, challenged the validity of the subpoena issued against the DSS director-general.
Fagbemi argued that the subpoena issued on Ajayi ought to be set aside because the document the DSS chief was expected to tender was neither authored nor signed by him.
The AGF further submitted that the document—a letter written to Sowore asking him to delete his allegedly defamatory post against the president—had already been tendered and admitted into evidence twice by the court.
He added that the author of the letter, Uwem Davies, testified in the matter on July 22 on behalf of the defence, making the appearance of the DSS director-general unnecessary.
“As a matter of record, this document has been tendered and marked Exhibit D. It was also tendered as Exhibit DWC on July 22, 2026. It was tendered by the defendant,” Fagbemi said.
“The DG of the DSS is not being subpoenaed to appear in his personal capacity. He is being subpoenaed in his official capacity to give evidence in respect of an official letter.
“It is not about his person or any allegations against him. So, there are limits.”
He urged the court to disregard the subpoena and direct the defence to continue with its case.
Olumide-Fusika, however, objected to the AGF’s involvement in the suit, arguing that Fagbemi had not filed the necessary notice to formally take over the prosecution from the counsel who had been handling the matter.
“What AGF has done today is to appear and make submissions. We are entitled to be notified that he is taking over the prosecution of the case from the lawyer who filed the charge and has been appearing,” he said.
The defence counsel sought an adjournment to respond to one of the authorities cited by the AGF and asked the court to discountenance his submissions.
Before the court could decide on the application, Fagbemi and Olumide-Fusika held a brief discussion.
Afterwards, the AGF informed the court that the defence had withdrawn its insistence that Ajayi must personally testify and had agreed that another DSS official could appear to answer questions relating to the September 7, 2025, letter.
Following the development, both lawyers agreed that their earlier arguments had become academic, making a ruling unnecessary.
Mohammed Umar, the presiding judge, then adjourned the case until August 3 for the continuation of the defence.
