DSS Accuses Sowore of Delaying Trial Over Move to Subpoena Prosecuting Lawyer

The Department of State Services (DSS) has accused activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, of attempting to delay his trial over alleged cyberbullying of President Bola Tinubu by seeking to compel the agency’s lead prosecuting counsel, Akinlolu Kehinde, SAN, to testify as a defence witness.

The DSS made the allegation before a Federal High Court in Abuja while opposing an application by Sowore seeking to enforce a subpoena issued against Kehinde.

The secret police described the move as an abuse of court process, arguing that the subpoena was issued in bad faith and was legally improper in a criminal proceeding.

Counsel to the DSS, Kenneth Cyril-Ita, told the court that the subpoena was intended to annoy and frustrate the agency’s lead lawyer and distract from the ongoing trial.

Relying on Section 192 of the Evidence Act, Cyril-Ita argued that legal practitioners were prohibited from disclosing communications made to them in the course of their professional engagement without the consent of their clients.

He further maintained that the evidence Sowore intended to obtain through Kehinde was irrelevant to the cyberbullying charges against him.

The DSS lawyer also disputed Sowore’s position regarding the possibility of the trial being suspended or adjourned until 2027, insisting that no such application was pending before the court.

Cyril-Ita argued that allowing the subpoena to stand would put the prosecution at a disadvantage by forcing the Federal Republic of Nigeria to lose its chosen counsel in the case.

He maintained that a lawyer could not simultaneously serve as counsel and a witness in the same proceedings.

The DSS also relied on Section 83(3) of the Evidence Act in challenging the admissibility of the evidence Sowore intended to introduce through the subpoenaed lawyer.

The agency consequently urged the court to set aside the subpoena and direct Sowore to proceed with his defence against the charges.

However, Sowore’s counsel, Raphael Adakole, urged the court to dismiss the DSS objection and uphold the subpoena, insisting that Kehinde should be allowed to testify as requested by the defendant.

After hearing arguments from both parties, Justice Mohammed Umar adjourned the matter until November 9, 2026, for ruling on the application.

The court’s decision will determine whether the DSS lead counsel can be compelled to appear as a defence witness in the ongoing trial.