Alleged Cyberbullying: Court Rejects Sowore’s Bid to Compel DSS DG to Testify
The Federal High Court in Abuja on Monday rejected an application by activist and politician Omoyele Sowore seeking to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify personally in his trial over alleged cyberbullying of President Bola Tinubu.
Justice Mohammed Garba Umar dismissed the application while ruling on arguments for and against the subpoena issued to the DSS chief at the request of Sowore’s defence team.
The ruling marked another setback for Sowore in the case instituted by the DSS over his alleged description of Tinubu as a “criminal.”
Sowore, through his counsel, Adeyinka Olumide Fusika, SAN, had sought an order compelling Ajayi to appear in court to testify on official activities of the DSS relating to the case.
However, the DSS, represented by Akinlolu Thomas Kehinde, SAN, opposed the application, arguing that the issues concerned the agency’s official functions rather than the personal actions of its Director-General.
Kehinde maintained that any authorised DSS official with relevant knowledge could testify on behalf of the agency, making Ajayi’s personal appearance unnecessary.
Read Also:
He argued that the DSS, as an institution, could present evidence through a designated representative capable of explaining its official activities.
In his ruling, Justice Umar held that the subpoena concerned official acts of the DSS and that the anticipated testimony was not personal to the Director-General.
The judge consequently ruled that another official of the service could appear in court to give evidence on its behalf.
Following the ruling, Fusika called Michael Jego, a DSS investigating officer, as the third defence witness. Jego was subsequently led in evidence as proceedings continued.
The case centres on allegations that Sowore cyberbullied President Tinubu through public statements, including his description of the President as a “criminal.” The allegations remain subject to judicial determination.
Monday’s ruling means the defence will proceed with testimony from the DSS investigating officer rather than the agency’s Director-General, unless the court subsequently directs otherwise.
The decision follows earlier adverse rulings against Sowore in the case, including the dismissal of his fundamental rights application and preliminary objection to the trial, as well as the rejection of his request for the trial judge to recuse himself.
By PRNigeria
