SSS urges court to reject Sowore’s request to subpoena prosecution lawyer as witness

AAC presidential candidate, Omoyele Sowore

The State Security Service (SSS), on Tuesday, urged the Federal High Court in Abuja to reject an application by Omoyele Sowore, publisher of Sahara Reporters, to subpoena its lead counsel, Akinlolu Kehinde, a Senior Advocate of Nogeria (SAN), as defence witness in his ongoing trial on charges of cyber bullying President Bola Tinubu.

The SSS, through its lawyer, Kenneth Cyril-Ita, told Judge Mohammed Umar that Mr Sowore’s request was a ploy to delay his trial.

It argued that the subpoena was in bad faith and strange in law, especially in a criminal trial.

It further argued that under Section 192 of the Evidence Act, no lawyer is permitted to disclose any information obtained in the course of his engagement unless with the consent of his client.

The SSS added that Mr Sowore’s subpoena was an abuse of court process calculated to annoy and irritate its lead counsel.

Mr Cyril-Ita, therefore, asked the court to set aside the subpoena issued against Kehinde by Mr Sowore, the presidential candidate of the African Action Congress (AAC).

Mr Sowore, through his lawyer, Adeyinka Olumide Fusika, a SAN, had served a subpoena on the SSS’ lead counsel to give evidence at the instance of the defence in the cyberbullying trial.

In his motion on notice opposing the execution of the subpoena, Mr Cyril-Ita told the court that the evidence sought to be given through the subpoena witness is irrelevant to Mr Sowore’s alleged cyberbullying trial.

The lawyer said contrary to Mr Sowore’s claim, there was no application before the court to suspend or adjourn the trial till 2027.

“By not setting aside the subpoena, the court is being invited to deprive the Federal Republic of Nigeria, a counsel of its choice in the prosecution of the matter as counsel cannot be a witness and counsel at the same time in the same matter,” he stated.

According to him, the evidence of whether the complainant will ask for adjournment or not in the matter as shown in the publication sought to be tendered is a matter allegedly caught by Section 83(3) of the Evidence Act.

He, therefore, urged the trial judge, Mr Umar, to set aside the subpoena and direct Mr Sowore to continue his defence in the charges against him.

In his argument, Reuben Adakole, who represented Mr Sowore on Tuesday, asked the court to uphold the subpoena against the DSS lead counsel as requested by the defendant to aide his defence.

After listening to parties, Justice Umar adjourned the matter until 9 November for ruling.

Mr Sowore previously made an unsuccessful attempt to have SSS director general Tosim Ajayi summoned to testify.

Mr Sowore faces prosecution over his social media posts last year calling President Bola Tinubu a criminal.

The SSS brought the charges against Mr Sowore over social-media posts he made on X and Facebook in August last year in which he described President Tinubu as “a criminal”.

Mr Sowore has maintained his position on the posts and denied wrongdoing.

The prosecution closed its case earlier this year, after presenting only one witness. In May, Judge Umar dismissed Mr Sowore’s no-case submission and ordered him to enter his defence.

Mr Sowore subsequently opened his defence, with lawyer and public affairs commentator Deji Adeyanju appearing as his first witness in July.

The case later stalled over the production of an SSS witness, leading to a series of exchanges between the prosecution and defence lawyers over the pace of the proceedings.