Human rights activist and African Action Congress (AAC) presidential candidate Omoyele Sowore has insisted that the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, should personally appear before the Federal High Court in Abuja to testify in the case arising from social media posts about President Bola Tinubu.
The dispute followed a breakdown in an understanding between defence counsel Adeyinka Olumide-Fusika, SAN, and prosecution counsel Akinlolu Kehinde, SAN, over whether the DSS chief must appear personally or whether another official could testify on his behalf.
Dispute over appearance of DSS chief
Sowore’s defence had obtained a court order seeking Ajayi’s appearance as a witness.
According to reporting by Channels Television, the defence argued that the subpoena and hearing notice were issued in the DSS director-general’s name and that he should therefore attend personally.
The defence also maintained that testimony from a DSS official had raised questions that, in its view, required answers from the agency’s director-general.
The prosecution challenged the demand, arguing that requiring the head of the service to appear personally could be impracticable, given the number of cases involving the agency across different court divisions.
Case concerns social media posts about Tinubu
Sowore is facing proceedings arising from posts published on Facebook and X in August 2025 in which he described Tinubu as a “criminal” and made allegations concerning the President’s statements about corruption.
The case has drawn attention to the legal boundaries surrounding online expression, political criticism and alleged cyber-related offences.
The allegations remain matters for judicial determination. The existence of a charge or prosecution does not, by itself, establish that the accused committed an offence.
Court to determine whether DG must testify personally
Following arguments from both sides, Justice Mohammed Umar adjourned the matter until October 6, 2026, for a ruling on whether the DSS director-general can be compelled to appear personally as a defence witness.
The ruling will address the immediate procedural dispute over the witness’s attendance. It should not be confused with a final determination of the substantive allegations against Sowore.
The case continues to raise questions about the presentation of evidence, the rights of an accused person to conduct a defence and the court’s authority to determine how witnesses are required to attend proceedings.