A Federal High Court in Abuja, on Tuesday, adjourned the alleged criminal defamation trial of human rights activist and presidential candidate of the African Action Congress, Omoyele Sowore, until August 3 for the continuation of the defence.
Justice Mohammed Umar announced the adjournment at the end of Tuesday’s proceedings.
This was after the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who appeared for the Federal Government during Tuesday’s proceedings, raised an objection on the subpoena issued to the Director-General of the Department of State Services, Oluwatosin Ajayi, to testify in the case.
Fagbemi argued that the subpoena issued to Ajayi should be set aside because the document the DSS chief was expected to tender was neither authored nor signed by him.
The AGF further submitted that the document—a letter written to Sowore asking him to delete a Facebook post in which he allegedly described President Bola Tinubu as a “criminal”—had already been tendered and admitted in evidence twice by the court.
He added that the author of the letter, Uwen Davis, testified in the matter on July 22 on behalf of the defence, making the appearance of the DSS Director-General unnecessary.
Counsel for Sowore, Adeyinka Olumide-Fusika (SAN), initially opposed the AGF’s intervention, arguing that another Senior Advocate of Nigeria, Akinlolu Kehinde, was already the counsel on record for the Federal Government.
Olumide-Fusika also contended that although the Attorney General has the constitutional authority to appear in any matter, due notice ought to have been given to the defence before taking over the prosecution.
Earlier in the proceedings, the court confirmed that the subpoena had been served on the Director of Legal Services of the DSS after the court registrar informed Justice Mohammed Umar that service had been effected.
The Federal Government, however, maintained that Ajayi was unaware of the service and urged the court to vacate the subpoena and direct the defence to proceed with its case.
Justice Umar subsequently adjourned the matter until August 3 for the continuation of the defence.