Sowore: DSS faults bid to make lawyer witness in alleged cyberbullying trial

The Department of State Services (DSS), Tuesday, advised the Federal High Court in Abuja that the bid by African Action Congress (AAC) presidential candidate, Omoyele Sowore, to make its lead counsel, Akinlolu Kehinde, (SAN), as his witness as a ploy by the politician to delay his trial.

Sowore is at present standing trial for allegedly cyberbullying President Bola Tinubu.

The DSS advised the court docket that the subpoena Sowore issued on its lead counsel was in dangerous religion and unusual in regulation and in felony trial.

Under Section 192 of the Evidence Act, said the lawyer, no authorized practitioner, is permitted to reveal any communication made to him in the midst of his engagement except with the consent of his consumer.

The DSS added that Sowore’s subpoena was an abuse of court docket course of calculated to bother and irritate its lead counsel.

The submission by the DSS got here because the trial decide, Justice Mohammed Garba Umar, fastened November 9, 2026 to ship ruling on Sowore’s
utility.

The decide fastened the date after taking arguments for and in opposition to the appliance by counsel on each side.

At Tuesday’s proceedings, Kenneth Cyril-Ita, who represented the DSS, requested the court docket to put aside the subpoena issued in opposition to Kehinde, (SAN), by Sowore looking for flip the DSS lead lawyer right into a witness within the trial.

Sowore, had by way of his lawyer, Adeyinka Olumide Fusika, SAN, served a subpoena on the DSS lead counsel to seem in court docket to provide proof in respect of the trial of the defendant for allegedly cyberbullying President Tinubu.

In his movement on discover in opposition to the execution of the subpoena, Cyril-Ita advised the Court that the proof sought to be given by way of the subpoena witness is irrelevant to Sowore’s alleged cyberbullying trial. Contrary to Sowore’s declare, pressured the DSS lawyer, there isn’t a utility earlier than the Court to droop or adjourn the trial until 2027.

“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,” he said.

“The evidence of whether the Complainant will ask for adjournment or not in the matter as shown in the publication sought to be tendered is a matter allegedly caught by section 83(3) of the Evidence Act,” he continued.

He prayed Justice Umar to put aside the subpoena and direct Sowore to proceed his defence within the fees in opposition to him.

Ruben Adakole, who represented Sowore, whereas arguing requested the court docket to uphold the subpoena in opposition to the DSS lead counsel as requested by the defendant to make him his witness.

Justice Umar has adjourned to November 9, to ship his choice on the matter.