A Federal High Court in Abuja has dismissed an application by Omoyele Sowore, publisher of Sahara Reporters, seeking to compel Oluwatosin Ajayi, director-general of the Department of State Services (DSS), to testify as a defence witness in his cybercrime trial.
In a ruling on Monday, presiding judge Mohammed Umar held that the DSS chief’s appearance was unnecessary, noting that another agency official with knowledge of the relevant activities could provide the required testimony.
The DSS is prosecuting Sowore over social media posts in which he allegedly described President Bola Tinubu as a “criminal”.
Sowore, through his lawyer, Olumide Fusika, a Senior Advocate of Nigeria (SAN), had asked the court to order Ajayi to appear as a witness for the defence.
However, Akinlolu Kehinde, counsel for the DSS, opposed the application, arguing that another official could testify on behalf of the director-general.
Kehinde maintained that the case concerned the agency’s official duties rather than any personal action by its head.
In his ruling, Umar agreed with the prosecution, stating that the anticipated testimony related to the DSS’s official activities and was not personal to Ajayi.
“The testimony that is expected from the director-general is not personal but in respect of an official act or engagement,” the judge said.
The court consequently ruled that either the director-general or a designated DSS officer with full knowledge of the relevant official business could testify in the matter.
DSS investigator testifies for Sowore’s defence
Following the ruling, the defence called Michael Jego, a DSS investigating officer, as its third witness.
Jego told the court that he was part of the DSS team that flagged Sowore’s posts on X and Facebook and advised him to retract them.
He said the posts, allegedly published on 26 August 2025, had the potential to pose a significant threat to national security.
The DSS operative also testified that he participated in monitoring reactions to the posts.