The prosecution in the Sowore cybercrime trial has opposed the defence’s demand for the Director-General of the Department of State Services (DSS), Tosin Ajayi, to appear personally and testify, arguing that an authorised DSS official can give evidence on behalf of the agency.
The dispute arose during Friday’s resumed hearing before Justice Mohammed Umar of the Federal High Court in Abuja, with the court subsequently fixing October 6, 2026, to rule on whether the DSS Director-General can be compelled to appear personally as a defence witness.
Key Highlights
- Prosecution opposes Sowore defence demand for DSS DG Tosin Ajayi to testify personally.
- DSS says a designated official can give evidence on behalf of the agency.
- Defence insists the subpoena and hearing notice specifically named the DSS Director-General.
- Prosecution counsel Akinlolu Kehinde, SAN, cited the Supreme Court decision in Ishaq v. Soniyi.
- The defence says a DSS witness previously indicated that some questions could only be answered by the Director-General.
- Justice Mohammed Umar will rule on the dispute on October 6, 2026.
- Sowore is facing charges arising from social media posts published in August 2025.
- The prosecution closed its case on March 16, 2026, after which Sowore was ordered to open his defence.
Prosecution Challenges Sowore’s Demand for DSS DG
Prosecution counsel Akinlolu Kehinde, SAN, told the court that the defence was wrong to insist that Ajayi must appear personally because his name appeared on the subpoena.
Kehinde cited the Supreme Court decision in Ishaq v. Soniyi, arguing that where an official acts in an official capacity, it is not necessarily required that the named officeholder personally appear if another authorised officer is competent to testify about the agency’s actions.
According to the prosecution, the parties had previously agreed that another DSS official could represent the Director-General for the purpose of giving evidence.
Kehinde said the designated DSS official was present in court and ready to testify.
He also argued that Ajayi had no personal interest in the case and that requiring the DSS chief to personally attend proceedings in every case involving the agency would be impractical.
Defence Insists DSS Director-General Must Appear
Defence counsel Adeyinka Olumide-Fusika, SAN, maintained that the DSS Director-General should appear personally because both the subpoena and hearing notice were issued in his name.
The defence argued that the demand for Ajayi’s personal appearance was connected to evidence already given by a DSS official, Uwem Davies.
According to the defence, Davies had indicated during his testimony that some questions could only be answered by the Director-General.
Olumide-Fusika also argued that the prosecution had failed to produce the previously designated DSS representative at an earlier sitting, which, according to the defence, undermined the earlier understanding between the parties.
Court to Rule on DSS DG Testimony
After hearing arguments from both sides, Justice Mohammed Umar adjourned the matter until October 6, 2026, for a ruling on whether Ajayi can be compelled to appear personally and testify concerning actions taken by the DSS.
The ruling will determine whether the defence can proceed with its request for the DSS Director-General or whether another authorised DSS official can give the relevant evidence.
What Is the Sowore Cybercrime Case About?
Sowore, publisher of Sahara Reporters and an African Action Congress (AAC) presidential candidate, is being prosecuted by the DSS over social media posts published on X and Facebook in August 2025.
According to the prosecution, the posts described President Bola Tinubu as a “criminal” and accused him of misrepresenting the level of corruption in Nigeria.
The prosecution completed its case on March 16, 2026. Following the court’s rejection of Sowore’s no-case submission, the court directed him to open his defence.
Previous Disputes Over DSS Witness
The dispute over the DSS Director-General’s appearance is not the first procedural disagreement in the case.
Ajayi had previously failed to appear in court after being subpoenaed, prompting further arguments over whether the DSS chief should personally testify. The Attorney-General of the Federation, Lateef Fagbemi, had also argued that another DSS officer could appear in place of the Director-General.
The latest proceedings therefore centre on whether an authorised DSS representative can provide evidence concerning official actions or whether the Director-General named in the subpoena must personally attend.
The court is expected to address that question when it delivers its ruling on October 6. For more updates, follow us on X.
