The Director-General of the Department of State Services (DSS), Dr Oluwatosin Ajayi, on Tuesday failed to appear before the Federal High Court in Abuja to give evidence in the case involving activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
Sowore is facing a two-count charge filed by the Federal Government over allegations that he described President Bola Tinubu as a “criminal” in posts made on his Facebook page and X account.
The DSS Director-General was expected to testify in the matter but did not appear in court, stating that he was not served with the subpoena requiring his presence.
However, court documents indicated that the subpoena was served on the DSS Director of Legal Services.
The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, who represented the Federal Government, argued that Ajayi was unaware of the service, contradicting the position of Sowore’s lawyer, Mr Olumide Fusika, SAN, who maintained that the DSS boss had been properly served.
The trial judge, Justice Mohammed Umar, asked the court registrar whether the subpoena had been served on the witness. The registrar confirmed that the court process was served on the Director of Legal Services of the DSS.
After an application seeking his appearance to testify in the matter, Justice Umar ordered Dr Ajayi to appear before the court.
However, at the continuation of the trial, the AGF argued against the subpoena and urged the court to set aside its order directing the DSS Director-General to appear, asking instead that the defendant be directed to proceed with his defence.
But Dr Fusika urged the court to discountenance the AGF’s submission, arguing that the AGF could not take over proceedings at any stage without proper notice.
“I am not withdrawing the application. I am not moved by the submission of the AGF. I do concede that the AGF can appear in any matter at any time, but I submit that it has to be properly done.
“He can’t appear in court with this type of application without notifying us,” Fusika said.
It would be recalled that Sowore had filed a no-case submission, asking the court to discharge and acquit him of the two-count charge brought against him by the Federal Government. However, in a ruling, the trial judge held that the Federal Government had successfully linked Sowore to the alleged offences and established a prima facie case requiring him to enter his defence.
Shortly after the ruling, Sowore openly accused the judge of bias, saying he would not get justice in the court. He subsequently asked Justice Umar to recuse himself from the case and allow another judge to handle the trial.
Sowore alleged that the judge was working with the Federal Government to secure his conviction in order to prevent him from contesting the 2027 general election.
Justice Umar agreed with counsel to the Federal Government, Akinlolu Kehinde, SAN, that he would only hear applications made through Sowore’s counsel on record and dismissed the recusal application.
In the amended charge filed on December 5, 2025, Sowore was re-arraigned by the Federal Government on a two-count charge bordering on the alleged defamation of President Tinubu.
Sowore pleaded not guilty to the two-count charge when it was read to him, prompting the DSS to call its witnesses and tender exhibits in an attempt to establish the cyberbullying charges.
