Sowore Insists DSS DG Must Appear In Court To Give Evidence

Human rights activist and Convener of #RevolutionNow, Omoyele Sowore, has insisted that the Director-General of the Department of State Services (DSS), Tosin Ajayi, must appear before the Federal High Court sitting in Abuja to give evidence in his case.

Sowore’s demand followed the breakdown of an understanding between his counsel, Adeyinka Olumide-Fusika, SAN, and the prosecution counsel, Akinlolu Kehinde, SAN, over the appearance of a DSS witness.

Olumide-Fusika had earlier secured an order of the court directing the DSS Director-General to appear and give evidence in the case.

However, following the intervention of the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, an understanding was reached for an officer of the DSS to appear in place of the Director-General.

The arrangement, however, broke down after the expected witness did not appear in court.

Olumide-Fusika told the court that he had been informed that the DSS had been served with the hearing notice but that there was no indication that the Director-General was present.

“I was informed that the service of hearing notice was effected on the DSS but I’ve not seen any sign that he is here this morning,” he said.

He said the defence had previously agreed to allow an officer of the DSS to appear instead of pursuing the Director-General to court, but that the prosecution had now repudiated the understanding.

“At the last adjourned date, we had an understanding that rather than pursuing the DG to appear, we opted to go for any officer to appear,” he said.

“Since no witness is here, we are insisting now that the DG himself should come. The order of the court and the hearing notice was directed at him, so, he has to be in court.”

According to the lawyer, the subpoena specifically named the DSS Director-General and did not provide for another officer to appear in his place.

“The prosecution repudiated the understanding we had, therefore, the DG has to come. The subpoena did not say any officer, it was directed to the DG, specifically,” he said.

Olumide-Fusika also argued that the Attorney-General of the Federation had not filed any process in the matter and that statements attributed to him during his appearance should not be relied upon.

He said the defence had agreed to the appearance of another DSS officer based on the understanding reached with the AGF.

“It was the understanding we had with the AGF that made us to ask any officer to appear and the prosecution has repudiated it,” he said.

“For the prosecution to come to court this morning and behave as if there was never any understanding, we must draw a line. We are tired of being tossed around,” he added.

However, prosecution counsel Kehinde told the court that the record showed that what was expected from the DSS was for an officer of the agency to appear and confirm that the nominated witness was available.

He said he was ready to proceed with the case.

Kehinde explained that at the previous proceedings on July 28, 2026, the AGF had addressed the issue concerning the appearance of the DSS Director-General.

“On 28 July, 2026, the AGF led me when this issue came up. The DG of DSS’ name appears in the subpoena in his personal capacity and the AGF argued that where the name of a person, who is acting in a position in office appears in a subpoena, it will be absurd for the person to come to court because it’s not a personal matter,” he said.

Kehinde said the position informed the decision for an officer from the DSS to appear and give evidence instead.

“That is why an officer from that office is here to give evidence. He has no personal interest in this matter,” he said.

He urged the court to allow the case to proceed, saying the prosecution’s witness was available.

He further argued that if the defence was unwilling to proceed, the court should close its case.

“Therefore, if they are not willing to go on, the court should close their case because we must make progress in this matter,” he said.

“The witness from the DSS is available. It is not an act of charity that the prosecution agreed to send an officer,” Kehinde added.