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Cyberbullying: Sowore’s DSS Subpoena U-turn Absurd, Unprecedented, Prosecution Tells Court

Counsel to the Department of State Services (DSS), Akinlolu Kehinde, SAN, on Friday described as “absurd and unprecedented” the alleged volte-face by the presidential candidate of the African Action Congress

Counsel representing the Department of State Services (DSS), Akinlolu Kehinde, SAN, denounced the alleged change of heart by presidential candidate Omoyele Sowore regarding a witness subpoena in his cyberbullying defense. Sowore faces accusations of disparaging President Bola Tinubu on social media platforms X and Facebook in August 2025.

The dispute stemmed from the Attorney-General of the Federation, Lateef Fagbemi, SAN, and the DSS Director-General, Tosin Ajayi, being subpoenaed. Initially, Sowore's legal team, led by Adeyinka Olumide-Fusika, SAN, agreed that a DSS official could represent Ajayi. However, they later insisted on Ajayi personally testifying. Kehinde argued that insisting on Ajayi's personal appearance was absurd, citing a 2002 Supreme Court decision that deemed it unreasonable to require only the named public officer to appear.

The prosecution echoed this stance, noting that the DSS Director-General had no direct stake in the case as he executed his official duties. Kehinde contended that it would be impractical for Ajayi to attend every DSS-related court proceeding, given the numerous cases pending. The court, therefore, adjourned the matter until October 6, 2026, to determine if the DSS Director General must personally appear as a defense witness.

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