The Department of State Services (DSS) has accused activist Omoyele Sowore of attempting to delay his ongoing trial by seeking to subpoena the agency’s lead counsel, Akinlolu Kehinde, SAN, as a defence witness.
The agency made the allegation on Tuesday before the Federal High Court in Abuja, where it asked Justice Mohammed Garba Umar to set aside the subpoena.
Sowore, publisher of Sahara Reporters, is facing trial over allegations of cyberbullying President Bola Tinubu.
DSS counsel, Kenneth Cyril-Ita, argued that the subpoena was issued in bad faith and amounted to an abuse of court process. He maintained that the evidence Sowore sought from Kehinde was irrelevant to the case.
DSS invokes lawyer-client privilege
Cyril-Ita cited Section 192 of the Evidence Act, which protects communications between lawyers and their clients from disclosure, subject to the law’s exceptions.
He argued that compelling the agency’s lead lawyer to testify would interfere with the prosecution’s conduct of the case. The DSS also contended that a lawyer should not serve as both counsel and witness in the same proceeding.
The agency further challenged the admissibility of evidence relating to whether the complainant would seek an adjournment, citing Section 83(3) of the Evidence Act.
It urged the court to nullify the subpoena and direct Sowore to proceed with his defence.
Defence opposes DSS application
Sowore had sought the subpoena through his lawyer, Adeyinka Olumide Fusika, SAN, to compel Kehinde to appear and give evidence.
But Reuben Adakole, who represented Sowore at Tuesday’s sitting, urged the court to uphold the subpoena and allow the lawyer to testify.
The DSS also denied that there was an application before the court seeking to suspend or adjourn the trial until 2027.
After listening to the arguments, Justice Umar adjourned the matter until November 9, 2026, for ruling on the application.
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