The Department of State Services (DSS) has accused African Action Congress (AAC) presidential candidate, Omoyele Sowore, of attempting to delay his trial for allegedly cyberbullying President Bola Tinubu by seeking to turn the agency’s lead counsel, Akinlolu Kehinde, SAN, into a defence witness
The DSS described the subpoena issued against Kehinde as an abuse of court process, arguing that it was designed to frustrate the prosecution and irritate its lead counsel.
The agency made its position known on Tuesday before the Federal High Court in Abuja, where Justice Mohammed Garba Umar fixed November 9 to rule on Sowore’s application.
At the proceedings, counsel to the DSS, Kenneth Cyril-Ita, urged the court to set aside the subpoena, which was issued at the instance of Sowore through his lawyer, Adeyinka Olumide Fusika, SAN.
“By not setting aside the subpoena, the Court is being invited to deprive the Federal Republic of Nigeria, a counsel of its choice in the prosecution of the matter as counsel cannot be a witness and counsel at the same time in the same matter,” Cyril-Ita told the court.
He also disputed any suggestion that the prosecution had sought to suspend or adjourn the trial until 2027.
According to him, evidence relating to whether the complainant would request an adjournment was also subject to the provisions of Section 83(3) of the Evidence Act.
The DSS consequently urged Justice Umar to nullify the subpoena and direct Sowore to proceed with his defence.
However, Ruben Adakole, who represented Sowore, urged the court to uphold the subpoena, maintaining the defendant’s request to call the DSS lead counsel as a witness.
After hearing arguments from both sides, Justice Umar adjourned the matter until November 9 for ruling on the application.