The Department of State Services (DSS) on Monday denied in open court knowledge of widely reported claims that it had directed its counsel to seek the suspension of the ongoing trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 general election.
The denial came during proceedings at the Federal High Court in Abuja, where Sowore’s lead counsel, Adeyinka Olumide-Fusika, SAN, raised the reported plan to pause the case before Justice Mohammed Umar.
Counsel to the DSS, Akinlolu Kehinde, SAN, told the court that he was unaware of the statements and media reports indicating that the agency had decided to seek an adjournment of the trial until after the election.
The development is striking because several Nigerian media organisations had reported on August 30 that the DSS had directed Kehinde to seek an adjournment of the case until after the 2027 presidential election.
Channels Television, TheCable, Punch and Vanguard, among others, reported that the agency wanted the trial paused to enable Sowore, who is the AAC presidential candidate, to participate fully in the electoral process.
PREMIUM TIMES subsequently reported that Kehinde himself had spoken by telephone about the proposed move and explained the rationale behind the plan.
However, when the issue was raised during Monday’s proceedings, the DSS counsel reportedly denied knowledge of the reports, describing the accounts as social media creations and maintaining that he had no knowledge of any such position by the agency.
The exchange created a sharp discrepancy between the position presented by the DSS counsel in court and the extensive media reports published weeks earlier.
Sowore’s lawyer, Olumide-Fusika, reportedly told the court that he was surprised that the DSS appeared determined to proceed with the prosecution after the agency had been publicly reported as seeking to suspend the case until after the 2027 election.
The disagreement comes against the backdrop of a report by SaharaReporters earlier on Monday that the DSS had reversed its position and directed its prosecuting counsel to resume the prosecution of Sowore.
Sources familiar with the matter had told SaharaReporters that the agency initially wanted the case suspended until after the 2027 election but subsequently changed its position.
According to those sources, the reversal followed dissatisfaction within the DSS over Sowore’s continued criticism of President Bola Ahmed Tinubu and his political activities.
SaharaReporters had reported that the DSS leadership initially directed Kehinde to seek an adjournment after the Independent National Electoral Commission commenced the 2027 election campaign period on August 19.
A report published by Vanguard on August 30 had similarly quoted a source close to the DSS legal team as saying that DSS Director-General, Oluwatosin Ajayi, met with Kehinde and senior officials in the agency’s legal directorate on August 20 to discuss the proposed suspension.
The source reportedly said Ajayi considered it fair to pause the case so that Sowore could participate in the election without the trial hanging over him.
Sowore had rejected the proposal, demanding that the DSS withdraw the charges, apologise and return electronic devices seized from him and his associates.
The case arose from social media posts in which Sowore referred to Tinubu as a “criminal”. He has pleaded not guilty to the charges.
The prosecution is proceeding under the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024, with the Federal Government alleging that Sowore’s posts amounted to offences under the law.
Trial to Continue Friday
Following Monday’s proceedings, the case was adjourned until Friday, when a subpoenaed DSS witness is expected to appear and proceedings are scheduled to continue.
The latest development adds another twist to a trial that has been marked by repeated disagreements between the prosecution and defence.
At the August 3 sitting, Kehinde accused the defence of employing “dilatory tactics” to delay the proceedings and urged the court to foreclose its case.
Olumide-Fusika rejected the allegation and said the delays were not deliberate, pointing to issues involving the court registry and the release of documents.
The exchange became heated, with the defence lawyer accusing the prosecutor of behaving like a “persecutor” rather than a prosecutor.
Justice Umar intervened and warned both senior lawyers about their conduct.
“I respect you enough. Any more of this conduct and I will refer you to the appropriate disciplinary body,” the judge said.
“This should be the last time. If you are no longer interested in the case, you should say so. You cannot behave in my court in that manner.”
The court subsequently adjourned the matter for continuation of the defence.
The trial has also been complicated by a dispute over the appearance of DSS Director-General Ajayi as a defence witness.
Sowore’s defence had obtained a subpoena seeking to compel the DSS chief to testify. Following interventions involving Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, the defence later agreed to allow another DSS official to give evidence instead.
Monday’s courtroom exchange now raises questions about the conflicting accounts surrounding the DSS’s reported decision to suspend and subsequently resume the prosecution.
While the media reports from August attributed the proposed suspension to the DSS, the agency’s counsel told the court on Monday that he had no knowledge of such a directive.
Sowore is expected to address the development and the conflicting accounts surrounding the DSS’s position at a press conference following the proceedings.
(SaharaReporters)
