The withdrawal came after AGF Lateef Fagbemi made a surprise appearance challenging the subpoena issued against DSS chief Oluwatosin Ajayi

Omoyele Sowore, presidential candidate of the African Action Congress (AAC), has withdrawn his request to compel Oluwatosin Ajayi, Director-General of the Department of State Services (DSS), to testify in his ongoing trial.

Sowore faces charges of criminal defamation, cyberstalking and incitement before the Federal High Court in Abuja, over social media posts in which he allegedly described President Bola Tinubu as a “criminal.” The matter remains sub judice.

Why Sowore initially sought Ajayi’s testimony

At the previous hearing on 22 July, Adeyinka Olumide-Fusika, counsel to Sowore, told the court he would seek a subpoena compelling Ajayi to appear and produce a 7 September 2025 letter requesting that Sowore retract the alleged defamatory posts published on his X and Facebook accounts.

Olumide-Fusika said the application became necessary after Uwem Davies, a DSS official who testified for the defence under subpoena, was unable to answer questions relating to the letter, and had told the court he acted on the directive of the DSS Director-General in issuing it.

Sowore had also indicated plans to separately subpoena presidential spokesperson Bayo Onanuga as a defence witness, part of a broader effort by his legal team to establish the full chain of decisions behind the DSS letter and the charges that followed.

Why the request was dropped

When the matter came up on Tuesday, the defence abandoned the request after a dispute over the appearance of Attorney-General of the Federation Lateef Fagbemi, who was appearing in the matter for the first time.

Fagbemi challenged the validity of the subpoena, arguing it should be set aside because the letter in question was neither authored nor signed by Ajayi, and had already been tendered and admitted into evidence twice.

“As a matter of record, this document has been tendered and marked Exhibit D. It was also tendered as Exhibit DWC on July 22, 2026. It was tendered by the defendant,” Fagbemi said.

He argued that Ajayi’s subpoena, issued in his official rather than personal capacity, was unnecessary since Davies, the letter’s actual author, had already testified.

“The DG of the DSS is not being subpoenaed to appear in his personal capacity. He is being subpoenaed in his official capacity to give evidence in respect of an official letter. It is not about his person or any allegations against him. So, there are limits,” Fagbemi said.

He separately suggested the application was intended to delay proceedings, noting the DSS had already been cooperative in allowing a second defence witness to testify at the last adjourned date.

Olumide-Fusika initially objected to Fagbemi’s intervention, arguing the Attorney-General had not filed the necessary notice to formally take over the prosecution from lead counsel Akinlolu Kehinde.

“What AGF has done today is to appear and make submissions. We are entitled to be notified that he is taking over the prosecution of the case from the lawyer who filed the charge and has been appearing,” he said, seeking an adjournment to respond to authorities Fagbemi had cited and asking the court to discountenance his submissions.

Before the court could rule on the application, Fagbemi and Olumide-Fusika held a brief discussion. Fagbemi then informed the court that the defence had withdrawn its insistence that Ajayi testify personally, agreeing that another DSS official could address questions relating to the September letter. Both lawyers subsequently agreed their earlier arguments had become academic, making a ruling unnecessary.

Justice Mohammed Umar adjourned the case until 3 August for continuation of the defence.