The prosecution in the alleged cybercrime trial of Omoyele Sowore has opposed the defence’s insistence that the Director-General of the Department of State Services (DSS), Tosin Ajayi, must appear personally to testify as a defence witness.

The argument was made on Friday before Justice Mohammed Umar of the Federal High Court in Abuja, as proceedings continued in the case involving Sowore, the publisher of Sahara Reporters and presidential candidate of the African Action Congress (AAC).

Prosecution Says DSS Official Can Represent DG

Prosecution counsel, Akinlolu Kehinde, SAN, argued that the defence could not insist that the DSS Director-General personally appear in court when another authorised official could testify on behalf of the agency.

Kehinde cited a 2002 Supreme Court decision, Ishaq v. Soniyi, in support of the argument.

He told the court that the parties had previously agreed that an appropriate DSS official could be nominated to represent the Director-General.

According to him, the designated official was present in court and ready to testify.

The prosecution also argued that Ajayi had acted in his official capacity and had no personal interest in the case. Kehinde said it would be impractical for the DSS Director-General to personally attend every court proceeding involving the agency.

Defence Insists on Director-General

Sowore’s lawyer, Adeyinka Olumide-Fusika, SAN, argued that the subpoena and hearing notice were issued specifically in the name of the DSS Director-General.

He therefore maintained that Ajayi should personally appear and give evidence.

The defence argued that the request became necessary after the second defence witness, Uwem Davies, a DSS official, repeatedly indicated during testimony that certain questions could only be answered by the Director-General.

Olumide-Fusika also accused the prosecution of failing to honour an earlier understanding that a DSS official would appear on behalf of the Director-General.

Court Adjourns for Ruling

After hearing arguments from both sides, Justice Umar adjourned the matter until October 6, 2026, when the court is expected to rule on whether the DSS Director-General can be compelled to personally appear and testify as a defence witness.

The ruling will determine whether Ajayi must personally give evidence or whether another DSS official can testify on the agency’s behalf.

Background to the Case

Sowore is facing prosecution by the DSS over social media posts published on X and Facebook in August 2025concerning President Bola Tinubu.

The prosecution alleges that the posts amounted to offences including cybercrime-related conduct. Sowore has continued to defend himself against the allegations as the trial proceeds.

The prosecution closed its case on March 16, 2026, after which the defence began presenting its witnesses.