Sowore's High-Stakes Cybercrime Trial Escalates: Activist Accuses Tinubu Govt, Summons DSS DG

Omoyele Sowore, the presidential candidate of the African Action Congress (AAC) and a prominent human rights activist, is currently embroiled in a cyberbullying trial where a central dispute revolves around the mandatory appearance of the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, as a defence witness. The case stems from Sowore's social media posts in August 2025, where he described President Bola Tinubu as a "criminal," leading to charges under the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

Sowore and his defence team, led by Adeyinka Olumide-Fusika, SAN, have vehemently insisted that Ajayi must personally appear in court to testify, citing a subpoena issued for this purpose. Sowore maintained that Ajayi is a necessary witness for the defence, asserting it is the defence's prerogative to determine its witnesses. He highlighted Ajayi's crucial role as the custodian of information relevant to the case. Furthermore, the defence alleged that the prosecution had initially agreed to Ajayi's appearance but later repudiated this understanding, which Olumide-Fusika described as a "gentlemen's agreement" that was unilaterally abandoned.

In contrast, the prosecution counsel, Akinlolu Kehinde, SAN, has urged the Federal High Court in Abuja to reject the demand for Ajayi's personal appearance. Kehinde argued that Ajayi was summoned in his official capacity, implying that an authorized DSS officer could adequately represent the agency and provide the necessary evidence. He contended that requiring the DSS Director-General to personally attend every court proceeding involving the service would be impracticable, as Ajayi has no personal interest in the matter. The prosecution maintained that the officer already present in court should be allowed to testify, reiterating that the defence could not dictate the prosecution's case.

Justice Mohammed Umar, presiding over the Federal High Court, has fixed Tuesday, October 6, 2026, for a ruling on whether Ajayi must personally appear. During Friday's proceedings, Justice Umar reviewed the court record, noting an earlier agreement that an officer would testify on behalf of the DSS Director-General, an arrangement he stated was agreed to by Olumide-Fusika. However, Olumide-Fusika acknowledged the record but insisted that the prosecution's subsequent repudiation of the understanding necessitated serving Ajayi with a hearing notice, making the substitution of the subpoenaed witness unacceptable. The defence also expressed concern over the court's refusal to allow them to file a formal counter-motion in response to the prosecution's oral application, with Olumide-Fusika arguing against an immediate ruling without written input. This refusal, coupled with an earlier incident where Justice Umar reportedly asked one of Sowore's lawyers to kneel, led to allegations of judicial bias against the judge.

Beyond the courtroom drama, Sowore has consistently framed the ongoing trial as a politically motivated effort by President Bola Tinubu's administration to stifle his political activities and prevent him from campaigning for the 2027 general election. He asserted that the government is attempting to impede his ability to mobilize Nigerians for what he terms a "revolutionary movement." Sowore, however, remains defiant, stating his capability to multitask between legal battles and campaign activities. He also launched a scathing attack on President Tinubu, accusing him of betraying Nigerians and his character, advocating for Tinubu's political retirement through the electoral process.

Adding another layer of controversy, there were earlier reports in September 2024 that the DSS had considered suspending Sowore's trial until after the 2027 presidential election to allow him to participate fully in political activities. However, the prosecution counsel, Kehinde, denied knowledge of such directives in court, dismissing them as "social media creations." This denial contrasted with various media reports and an alleged phone conversation with Kehinde himself regarding the proposed suspension. Sources familiar with the matter suggested that the DSS initially sought a suspension but reversed its position due to dissatisfaction with Sowore's continued criticism of President Tinubu and his political engagements. Despite these challenges, Sowore announced plans for a "One Million Man March" in Lagos on Saturday, urging supporters to participate as part of his ongoing political mobilization efforts against what he described as widespread hardship in the country.

The case continues to highlight the complex interplay between legal processes and political ambitions in Nigeria, with the court's eventual ruling on Ajayi's appearance poised to be a significant development in Sowore's high-profile cyberbullying trial.