SSS tells court to dismiss Sowore’s request to call prosecution lawyer as witness

The State Security Service (SSS) on Tuesday asked the Federal High Court in Abuja to reject a request by Omoyele Sowore, the publisher of Sahara Reporters. Sowore wants to call the SSS lead lawyer, Akinlolu Kehinde, a Senior Advocate of Nigeria (SAN), as a witness in his trial for cyber bullying President Bola Tinubu.

The SSS, represented by lawyer Kenneth Cyril-Ita, told Judge Mohammed Umar that Sowore’s request is just a way to delay his trial. They claimed the subpoena is not serious and is unusual in a criminal case.

The SSS pointed out that according to Section 192 of the Evidence Act, no lawyer can share any information gained during their work unless their client agrees. They also said that Sowore’s request is an abuse of the court process meant to annoy their lead lawyer.

Cyril-Ita asked the court to cancel the subpoena that Sowore issued against Kehinde, who is the presidential candidate of the African Action Congress (AAC). Sowore’s lawyer, Adeyinka Olumide Fusika, also a SAN, had served the subpoena for Kehinde to testify in the cyberbullying case.

In his motion opposing the subpoena, Cyril-Ita argued that the evidence Sowore wants from the subpoenaed witness is not relevant to his cyberbullying trial. He also mentioned that, contrary to Sowore’s claims, there is no application before the court to delay the trial until 2027.

Cyril-Ita stated, “If the court does not cancel the subpoena, it will deny the Federal Republic of Nigeria its choice of counsel in this case because a lawyer cannot be both a witness and a lawyer in the same case.” He pointed out that whether the complainant will request a delay is something covered by Section 83(3) of the Evidence Act.

He urged the judge, Mr Umar, to dismiss the subpoena and let Sowore continue his defence against the charges. On the other hand, Reuben Adakole, who represented Sowore on Tuesday, asked the court to support the subpoena against the DSS lead lawyer as requested by Sowore to help his defence.

After hearing from both sides, Justice Umar postponed the case until 9 November for a ruling. Sowore had previously tried unsuccessfully to summon the SSS director general, Tosim Ajayi, to testify.

Sowore is facing charges for his social media posts from last year where he called President Bola Tinubu a criminal. The SSS brought these charges after Sowore made posts on X and Facebook in August last year, describing President Tinubu as “a criminal.” Sowore has stuck to his claims and denies any wrongdoing.

Earlier this year, the prosecution finished its case after presenting just one witness. In May, Judge Umar dismissed Sowore’s no-case submission and told him to start his defence. Sowore then began to present his defence, with lawyer and public affairs commentator Deji Adeyanju being his first witness in July.

The case later hit a snag over the absence of an SSS witness, leading to back-and-forth exchanges between the prosecution and defence lawyers about the speed of the trial.