Court dismisses Sowore’s bid to compel DSS lawyer to testify in cyberbullying case

Court rejects Sowore’s attempt to compel DSS lawyer

On 9 November 2026, a Federal High Court located in Abuja rejected a motion filed by Omoyele Sowore, the presidential candidate for the African Action Congress (AAC), which sought to force Akinlolu Kehinde, SAN, the legal representative for the Department of State Services (DSS), to provide testimony in his continuing cyberbullying case. Justice Mohammed Umar delivered the ruling, setting aside the subpoena that had been issued against Kehinde. The judge held that lawyers owe a strict duty of confidentiality to their clients and cannot ordinarily be forced to disclose communications related to legal representation. The judge noted that legal professionals can only be required to give evidence under specific conditions, such as when the information requested involves undisputed facts or issues that will not harm the client's position. Following the decision, defence attorney Reuben O. Adakole stated to the court that the defence planned to issue a subpoena for Professor Joash Amupitan, the head of the Independent National Electoral Commission (INEC), and Chief Joe Igbokwe, a prominent figure in the All Progressives Congress (APC). Justice Umar granted the request, directed that subpoenas be issued, and adjourned the matter until 11 November 2026 for the appearance of the subpoenaed defence witnesses.

Background

Sowore was re‑arraigned by the DSS on 5 December 2025 on two counts of defamation against President Bola Tinubu. The amended charge alleges that Sowore, on 25 August 2025, sent messages on his official X and Facebook accounts that were defamatory and constituted cyberstalking under the Cybercrimes (Prohibition, Prevention Amendment) Act, 2024. The court has previously turned down Sowore's efforts to make high-ranking DSS personnel appear as witnesses. In mid‑October, a similar subpoena to DSS Director‑General Oluwatosin Ajayi was denied, and the court upheld a counter‑application by the DSS that another high‑ranking official could testify on the Director‑General’s behalf. Consequently, DSS investigating officer Michael Jego was delegated to represent the agency in the trial. The 9 November ruling marks the fifth setback for Sowore in the course of the trial. Earlier decisions include: * 22 June 2026 – remand at Kuje Correctional Centre and revocation of bail. * 8 May 2026 – dismissal of Sowore’s no‑case submission, with the court finding sufficient evidence to establish a prima facie case. * 2 April 2026 – refusal to grant reliefs in a fundamental rights enforcement suit against the DSS, its Director‑General, and Meta Corporation. In a prior decision made in April, the judge ordered Sowore to pay N1.5 million in legal costs, specifying that N500,000 must be paid to each of the three opposing parties.

Why it matters

The decision reinforces the principle of lawyer‑client confidentiality in Nigerian courts. By refusing to compel DSS counsel to testify, the court limits the ability of the prosecution to use internal DSS communications as evidence. The ruling also demonstrates the court’s willingness to uphold procedural safeguards even in politically sensitive cases. For Sowore, the dismissal adds to a series of legal defeats that could affect his campaign and public image. The court’s refusal to allow the subpoena of DSS counsel may prolong the trial and increase costs, as the defence now must rely on other witnesses such as the INEC chairman and an APC chieftain.

What happens next

The court has adjourned the case to 11 November 2026 for the appearance of the subpoenaed defence witnesses. No further steps have been announced beyond the issuance of subpoenas for Professor Joash Amupitan and Chief Joe Igbokwe. The trial will resume on the scheduled date, with the defence expected to present its evidence and the prosecution to respond.