Sowore Suffers Another Setback in Cyberbullying Trial as Court Rejects Bid to Subpoena DSS Lawyer

The Federal High Court in Abuja has rejected an application by the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, seeking to compel counsel to the Department of State Services (DSS), Akinlolu Kehinde, SAN, to testify in his ongoing alleged cyberbullying trial over his description of President Bola Tinubu as a “criminal”.

Delivering the ruling, Justice Mohammed Umar set aside the subpoena earlier issued against Kehinde, holding that lawyers owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications relating to legal representation.

The judge explained that a legal practitioner could only be compelled to testify under limited circumstances, particularly where the evidence sought relates to an uncontested matter or an issue that would not prejudice the interests of the client.

Following the ruling, defence counsel, Reuben O. Adakole, informed the court of the defence’s intention to subpoena the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, and an All Progressives Congress (APC) chieftain, Chief Joe Igbokwe, as witnesses.
Justice Umar granted the request and directed that subpoenas be issued to the proposed witnesses to appear before the court.

The judge subsequently adjourned the matter until November 11 for the appearance of the subpoenaed defence witnesses.

This is not the first time the court has rejected Sowore’s attempt to compel a senior DSS official to testify in the case.

In mid-October, the court rejected a similar subpoena issued by Sowore to the DSS Director-General, Oluwatosin Ajayi, seeking to compel his appearance as a witness.

In rejecting the request, the court upheld a counter-application by the DSS, represented by Akinlolu Thomas Kehinde, SAN, that another high-ranking official of the agency could testify on behalf of the Director-General.

Consequently, Michael Jego, an investigating officer with the DSS, was delegated to represent the agency in the trial.

Monday’s ruling marks the fifth setback suffered by Sowore in the course of the trial.
On June 22, 2026, Justice Umar ordered Sowore’s remand at the Kuje Correctional Centre, Abuja, a week after revoking his bail. The judge also rejected his application seeking to have him disqualified from the case over allegations of bias.

Earlier, on May 8, 2026, the court dismissed Sowore’s no-case submission, ruling that the DSS had presented sufficient evidence to establish a prima facie case against him and ordering him to enter his defence.

A month earlier, the court had dismissed a preliminary objection challenging the legality of the trial.
It also rejected an application by Sowore seeking to abort the proceedings on the grounds that the trial violated his fundamental human rights.

Similarly, on April 2, Justice Umar refused to grant any of the three reliefs sought by Sowore in a fundamental rights enforcement suit instituted against the DSS, its Director-General and Meta Corporation, owners of Facebook and X.

In his ruling, the judge declared: “The law will frown at any expression that will cast aspersion on others in the name of expressing the constitutional right to freedom of expression.”
The court also awarded N1.5 million in costs against Sowore, directing him to pay N500,000 to each of the three respondents.