The Department of State Services, DSS, has accused African Action Congress, AAC, presidential candidate Omoyele Sowore of attempting to frustrate his trial over alleged cyberbullying of President Bola Tinubu by seeking to call the agency’s lead counsel, Akinlolu Kehinde, SAN, as a defence witness.
The secret police described the subpoena issued to Kehinde as an abuse of court process, alleging that it was intended to obstruct the prosecution and put its lead lawyer in an untenable position.
The DSS stated its position on Tuesday before the Federal High Court in Abuja, where Justice Mohammed Garba Umar scheduled November 9 to deliver a ruling on Sowore’s application.
During the proceedings, the agency’s lawyer, Kenneth Cyril-Ita, asked the court to quash the subpoena obtained by Sowore through his counsel, Adeyinka Olumide Fusika, SAN.
“By not setting aside the subpoena, the Court is being invited to deprive the Federal Republic of Nigeria of 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 rejected suggestions that the prosecution had attempted to suspend the proceedings or secure an adjournment until 2027.
Cyril-Ita further argued that any evidence concerning whether the complainant intended to seek an adjournment was governed by Section 83(3) of the Evidence Act.
The DSS consequently asked Justice Umar to invalidate the subpoena and order Sowore to open his defence.
However, Ruben Adakole, who appeared for Sowore, urged the court to dismiss the DSS’s objection and uphold the subpoena, insisting that the defendant should be allowed to summon the agency’s lead counsel as a witness.
Following arguments from both parties, Justice Umar adjourned the case until November 9 for a ruling on the application.