Ajayi’s testimony was considered necessary to clarify issues surrounding the letter after Davies was unable to adequately respond to certain questions during cross-examination.
By Moses Okorie
Publisher of Sahara Reporters and former presidential candidate of the African Action Congress (AAC), Omoyele Sowore, has withdrawn his request to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify in his defence in the ongoing criminal defamation case before the Federal High Court in Abuja.
Sowore, through his counsel, Adeyinka Olumide-Fusika (SAN), announced the decision on Tuesday shortly before proceedings concluded before Justice Mohammed Umar.
Sowore is standing trial over allegations that he made defamatory statements against President Bola Ahmed Tinubu by describing him as “a criminal” in posts published on his X (formerly Twitter) and Facebook accounts. The charges against him include criminal defamation, cyberstalking and incitement.
The defence had earlier indicated its intention to subpoena the DSS Director-General after a DSS official, Uwem Davies, testified that he authored a September 7, 2025, letter directing Sowore to retract the alleged defamatory publication on the instruction of the agency’s leadership.
According to Olumide-Fusika, Ajayi’s testimony was considered necessary to clarify issues surrounding the letter after Davies was unable to adequately respond to certain questions during cross-examination.
However, the defence reversed its position following legal arguments over the appearance of the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), who appeared in court for the prosecution for the first time.
When the matter was called, Olumide-Fusika questioned the AGF’s participation, arguing that the prosecution had not formally notified the defence that Fagbemi was taking over the case from the previous prosecuting counsel.
He remarked that the prosecution had been “reinforced” by the presence of both the Attorney-General and the Director of Public Prosecutions, Rotimi Oyedepo (SAN), prompting Justice Umar to jokingly ask whether the defence felt intimidated. Olumide-Fusika responded humorously that he did.
Fagbemi, in his submissions, challenged the validity of the subpoena issued against the DSS Director-General, contending that it amounted to an abuse of court process.
The Attorney-General argued that the disputed September 7, 2025, letter had already been admitted into evidence on two separate occasions, making the appearance of the DSS chief unnecessary.
He further maintained that the subpoena was procedurally defective, noting that it was not personally served on Ajayi and did not specify the date he was expected to appear before the court.
According to Fagbemi, the Director-General was being summoned solely in his official capacity over a document authored by another DSS official, adding that the defence appeared to be using the subpoena to delay the proceedings rather than for any legitimate evidentiary purpose.
In response, Olumide-Fusika insisted that the Attorney-General ought to have formally filed a notice before assuming conduct of the prosecution, arguing that his appearance without prior notification was irregular.
However, following a brief consultation between both senior lawyers during the proceedings, the defence agreed to withdraw its insistence that the DSS Director-General personally testify.
Fagbemi subsequently informed the court that the defence was now willing to accept the testimony of another DSS official who could address questions relating to the September 7, 2025, letter.
With both parties agreeing that the issue had been resolved, Justice Mohammed Umar held that there was no longer any need to rule on the arguments surrounding the subpoena.
The court subsequently adjourned the matter until August 3 for a representative of the Department of State Services to appear in compliance with the subpoena and for the defence to continue its case.