The Department of State Services (DSS) has accused activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, of attempting to frustrate his ongoing trial for allegedly cyberbullying President Bola Tinubu by seeking to compel the agency’s lead counsel, Akinlolu Kehinde, SAN, to testify as a defence witness.

The DSS made the allegation on Tuesday before the Federal High Court in Abuja, describing the subpoena issued against Kehinde as an abuse of court process intended to delay the proceedings.

The agency, through its counsel, Kenneth Cyril-Ita, urged the court to set aside the subpoena, arguing that the evidence Sowore intended to obtain from its lead lawyer was irrelevant to the criminal case.

Cyril-Ita also maintained that the subpoena was legally improper, citing Section 192 of the Evidence Act, which protects communications between legal practitioners and their clients from disclosure without the client's consent.

He further argued that allowing Kehinde to testify would place him in the conflicting position of serving as both a witness and counsel in the same case, potentially depriving the Federal Republic of Nigeria of its chosen lawyer for the prosecution.

The DSS counsel dismissed Sowore’s position regarding a possible adjournment of the trial until 2027, insisting that no application seeking such an adjournment or suspension of proceedings was before the court.

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He also argued that the proposed evidence concerning whether the complainant would request an adjournment was covered by Section 83(3) of the Evidence Act.

Consequently, the agency asked Justice Mohammed Garba Umar to nullify the subpoena and direct Sowore to proceed with his defence against the charges.

However, Sowore, through his counsel, Adeyinka Olumide Fusika, SAN, had asked the court to uphold the subpoena, insisting on his request to have the DSS lead counsel appear as a defence witness.

The subpoena was issued to Kehinde as part of Sowore’s efforts to obtain evidence relating to the proceedings in the cyberbullying case.

After listening to arguments from both sides, Justice Umar adjourned the matter until November 9, when he is expected to deliver his ruling on whether the subpoena should stand.