Human rights activist, Omoyele Sowore, has withdrawn his application seeking to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify in his ongoing alleged criminal defamation trial before the Federal High Court in Abuja.
The decision was announced on Tuesday, after Sowore informed the court that the evidence he intends to obtain from the DSS chief could instead be presented by another official of the security agency.
The development came after the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, who personally appeared for the federal government, challenged the subpoena issued against the DSS director-general.
Fagbemi argued that Ajayi is not the appropriate witness because the document the defence sought to tender is neither authored nor signed by him.
According to the attorney-general of the federation, the disputed document—a letter from the DSS requesting that Sowore delete a Facebook post in which he allegedly referred to President Bola Tinubu as a “criminal,” had already been admitted as evidence by the court on two separate occasions.
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He further told the court that the author of the letter, Uwen Davis, had already testified on behalf of the defence during proceedings on July 22, making the appearance of the DSS director-general unnecessary.
The federal government therefore urged the court to set aside the subpoena, maintaining that the testimony sought had already been adequately covered through existing evidence and witnesses.
Earlier in the proceedings, Sowore’s counsel, Adeyinka Olumide-Fusika (SAN), questioned the attorney-general’s intervention, noting that another lawyer, Akinlolu Kehinde (SAN), was already listed as counsel representing the federal government in the matter.
While acknowledging the constitutional powers of the attorney-general of the federation to appear in any criminal proceedings, Olumide-Fusika argued that the defence should have been formally notified before Fagbemi assumed responsibility for the prosecution.
The defence also maintained that the subpoena had been properly served on the DSS.
The court registrar confirmed that the document was delivered to the DSS director of legal services, a submission that was acknowledged before Justice Mohammed Umar.
However, the federal government insisted that the DSS director-general has no personal knowledge of the service and urged the court to vacate the subpoena while directing the defence to continue with its case.
Following arguments from both parties, Sowore informed the court that he would no longer insist on the personal appearance of the DSS director-general.
He conceded that the information required for his defence could be provided through another official of the security agency, effectively withdrawing the request for Ajayi to testify.
Justice Mohammed Umar subsequently, adjourned the case until August 3, 2026, for the continuation of the defence.
The trial centres on allegations of criminal defamation arising from comments Sowore allegedly made on social media, including a Facebook post in which he reportedly described President Bola Tinubu as a “criminal.”
Sowore has consistently denied wrongdoing and is contesting the charges.
