Sowore Drops Bid to Summon DSS Boss as AGF Challenges Subpoena in Defamation Trial

Human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, has withdrawn his request to subpoena the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, in his ongoing criminal defamation trial before the Federal High Court in Abuja.

Sowore told the court on Tuesday that the evidence he intended to obtain from the DSS chief could instead be presented by another official of the agency, effectively ending his bid to compel Ajayi’s appearance.

The decision followed an objection by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who argued that the subpoena should be set aside because the document the DSS Director-General was expected to produce was neither written nor signed by him.

According to the AGF, the disputed document—a letter asking Sowore to delete a Facebook post in which he allegedly referred to President Bola Tinubu as a “criminal”—had already been admitted as evidence twice during the proceedings.

Fagbemi further told the court that the author of the letter, Uwen Davis, had already testified for the defence on July 22, making the appearance of the DSS Director-General unnecessary.

Sowore’s counsel, Adeyinka Olumide-Fusika (SAN), initially opposed the AGF’s intervention, arguing that another Senior Advocate of Nigeria, Akinlolu Kehinde, was already representing the Federal Government in the case.

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He also maintained that although the Attorney General has the constitutional authority to appear in any matter, the defence should have been given prior notice before he assumed responsibility for the prosecution.

Earlier, the court confirmed that the subpoena had been served on the DSS Director of Legal Services after the court registrar informed Justice Mohammed Umar that service had been successfully effected.

However, the Federal Government insisted that Ajayi was unaware of the subpoena and urged the court to vacate the order and allow the defence to continue with its case.

Following the arguments, Sowore informed the court that he would no longer insist on the DSS Director-General’s appearance, acknowledging that the required evidence could be provided by another official of the service.

Justice Mohammed Umar subsequently adjourned the case until August 3 for the continuation of the defence.

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