The Federal High Court in Abuja has granted an application by the defence team of human rights activist and publisher of SaharaReporters, Omoyele Sowore, to subpoena the Director-General of the Department of State Services (DSS), Tosin Ajayi, to testify in the ongoing cybercrime trial over social media posts in which Sowore described President Bola Tinubu as “a criminal.”
Justice Mohammed Umar granted the application on Wednesday after the defence argued that only the DSS Director-General could explain the basis for the agency’s actions against Sowore and the authority under which the prosecution was initiated.
The ruling came after dramatic testimony by a subpoenaed DSS witness, Uwem Davies, a Principal Officer of the agency, who repeatedly distanced himself from key documents relied upon by the prosecution and said he merely acted on directives from the DSS Director-General.
During cross-examination by Sowore’s lead counsel, Adeyinka Olumide-Fusika (SAN), Davies testified that a letter purportedly sent to Meta Platforms, the owner of Facebook, concerning Sowore’s social media posts was not authored or signed by him.
The witness insisted that the signature appearing on the document was not his, raising fresh questions about the authenticity of the correspondence.
Davies also told the court that he did not fully understand the contents of a separate letter addressed to Sowore. According to him, he merely carried out instructions from the DSS Director-General to write to the activist demanding the removal of Facebook and X (formerly Twitter) posts in which President Tinubu was described as “a criminal.”
When questioned about portions of the correspondence alleging that Sowore’s posts were capable of causing a breakdown of law and order by provoking Tinubu’s supporters, the witness repeatedly said he could not answer.
Asked whether he knew who President Tinubu’s supporters were, Davies replied that he did not.
When defence counsel further asked whether the DSS Director-General himself was a supporter of President Tinubu, the witness again declined to answer, maintaining that he had only acted on instructions from the Director-General.
Following the witness’s repeated inability to answer critical questions, Olumide-Fusika, SAN, informed the court that the defence had no option but to subpoena DSS Director-General Tosin Ajayi to personally explain the decisions that led to the prosecution.
Justice Umar granted the application.
In another development, the court rejected an attempt by Davies to testify on behalf of another subpoenaed DSS witness, Bamigboye.
Davies told the court that Bamigboye had retired from the DSS and that the agency did not know his whereabouts.
However, Justice Umar ruled that the subpoena was specifically issued to Bamigboye and could not be answered by another individual.
The judge subsequently adjourned the matter until Tuesday for the continuation of the defence and the expected appearance of the DSS Director-General in response to the subpoena.
The latest proceedings mark another dramatic turn in the trial, which earlier on Wednesday saw Davies disown a letter purportedly sent by the DSS to Meta Platforms seeking action against Sowore’s Facebook account.
The development came as the court resumed hearing in the case instituted by the DSS over a social media post in which Sowore allegedly referred to President Tinubu as “a criminal.”
Sowore, publisher of SaharaReporters and former presidential candidate of the African Action Congress (AAC), has consistently maintained that the charges are politically motivated and intended to suppress dissent and freedom of expression.
The disputed Facebook letter forms part of a broader effort by the DSS to pressure social media platforms to take action against Sowore’s accounts.
In September 2025, SaharaReporters reported that the DSS petitioned Meta Platforms Inc., demanding the immediate suspension or deactivation of Sowore’s verified Facebook account over posts critical of President Tinubu.
In the September 7, 2025 letter addressed to Meta’s headquarters in Menlo Park, California, the DSS accused Sowore of spreading what it described as “misleading information” and “inciting violence.”
The petition, purportedly signed by Uwem Davies for the Director-General of the DSS, cited Sowore’s August 26, 2025 Facebook post reacting to President Tinubu’s remarks in Brazil that corruption no longer existed under his administration.
In that post, Sowore wrote: “This criminal @officialABAT actually went to Brazil to state that there is NO MORE corruption under his regime in Nigeria. What audacity to lie shamelessly!”
The DSS claimed the post violated the Criminal Code Act, the Cybercrimes Act 2025 and the Terrorism (Prevention and Prohibition) Act 2022, and urged Meta to suspend or deactivate Sowore’s account.
The agency also petitioned X Corp, making similar allegations and demanding the suspension of Sowore’s verified account while issuing him a one-week ultimatum to delete the posts or face further action.
According to the DSS, the posts had “sparked anger among citizens and could incite public disturbance, disunity, and even insurrection.”
However, Wednesday’s proceedings cast further doubt on the authenticity of one of the documents central to that campaign after the subpoenaed DSS officer denied authoring or signing the Facebook letter attributed to him.
The trial continues on Tuesday.
(SaharaReporters)