Omoyele Sowore, the African Action Congress (AAC) presidential candidate for the 2027 elections, has had his bid to compel the Director General of the Department of State Services (DSS), Tosin Ajayi, to appear personally as a witness in his cyberbullying trial rejected by the court.

Justice Mohammed Umar of the Federal High Court in Abuja dismissed the application while delivering his ruling.

During the proceedings, Justice Umar ruled on the arguments surrounding a subpoena issued to the DSS Director General at the defence’s request. Sowore, through his lawyer Adeyinka Fusika SAN, had sought an order compelling the DG to testify about the DSS’s official activities related to the cyberbullying case brought against him.

However, DSS counsel Akinlolu Kehinde SAN opposed the move, contending that another agency official could testify on the DG’s behalf. The senior lawyer argued it was unreasonable for Sowore to insist on the DG’s personal appearance in a matter that was purely official rather than personal, noting that since the DSS initiated the prosecution, any delegated official could testify for the organization.

In his ruling, Justice Umar held that the subpoena concerned an official act of the DSS and that the expected testimony was not personal to the Director General. The court therefore ruled that another DSS official could appear to give evidence on the agency’s behalf.

Following the ruling, defence counsel Olumide Fusika SAN called the third defence witness, Michael Jego, an investigating officer with the DSS, who is currently being led in evidence.