The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), on Tuesday appeared before the Federal High Court in Abuja in a bid to prevent the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, from testifying in the ongoing cyberstalking and criminal defamation case involving activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
The matter, before Justice Mohammed Umar, had earlier been adjourned to allow the defence compel the DSS boss to appear through a subpoena after a DSS witness informed the court that a September 7, 2025 letter asking Sowore to retract comments made about President Bola Tinubu was issued on the directive of the agency’s Director-General.
However, when the case resumed on Tuesday, Ajayi was absent. Instead, the AGF led the prosecution team, alongside the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), and senior counsel Akinlolu Kehinde (SAN).
Fagbemi challenged the validity of the subpoena issued against the DSS Director-General, arguing that it was not personally served on him and failed to state the specific time he was required to appear in court.
The AGF also argued that the subpoena was unnecessary and constituted an abuse of court process, noting that the document the defence sought from the DSS had already been admitted in evidence by the court.
Responding, Sowore’s lead counsel, Adeyinka Olumide-Fusika (SAN), questioned the AGF’s appearance, arguing that while the Attorney-General has constitutional powers to take over criminal proceedings, such a step must follow due legal procedure and proper notification to all parties.
During the proceedings, Fagbemi acknowledged Sowore’s prominence as a public activist but maintained that public status does not exempt any individual from complying with legal processes.
Following discussions between the parties, the defence agreed to withdraw its demand for the DSS Director-General to personally testify, accepting that another competent DSS official could appear to address issues surrounding the disputed letter.
Justice Umar subsequently adjourned the case until August 3, 2026, for continuation of the defence’s case, with another DSS official expected to testify.
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