Omoyele Sowore Withdraws Subpoena of Secretary of State in Defamation Case
Human rights activist and former presidential candidate for the African Action Congress, Omoyele Sowore, has retracted his subpoena of Secretary of State Oluwatosin Ajayi to testify regarding criminal defamation charges. The withdrawal took place during a Federal High Court session in Abuja on Tuesday.
During the hearing, Sowore indicated that the evidence he was seeking from the Director General of the Department of State Services (DSS) could be provided by another official. This revelation came after an objection was raised by the Federal Attorney General and Minister of Justice, Lateef Fagbemi (SAN), who represented the Federal Government.
Fagbemi contended that the subpoena aimed at Ajayi should be dismissed as the document in question—an assertion of defamation—involved a letter which was neither produced nor signed by the Secretary of State. He noted that this letter, which requested Sowore to remove a Facebook post labeling President Bola Tinubu a “criminal,” had already been submitted as evidence and acknowledged by the court on two prior occasions.
Furthermore, the Attorney General pointed out that Uwen Davis, the author of the letter, had already provided testimony on behalf of the defense in this case on July 22, thereby rendering Ajayi’s appearance unnecessary.
Sowore’s legal representative, Adeyinka Olumide Fusika (SAN), initially challenged the Attorney General’s involvement, emphasizing that Akinlolu Kehinde was already acting as the federal government’s lawyer. Fusika also argued that the Attorney General possesses the constitutional right to participate in court proceedings, yet the defense should have received ample notification prior to the prosecution’s takeover.
At the start of the court proceedings, the judge confirmed that the summons had been duly served to the Legal Director of DSS after the Registrar of Courts informed Justice Mohammed Umar of the successful delivery.
However, the federal government maintained that Ajayi was unaware of this service and requested the court to annul the subpoena, urging the defense to proceed with the case without further delay. In light of these arguments, Sowore communicated to the court that he would no longer seek the testimony of the DSS Director-General, recognizing that the sought-after evidence could be acquired from another official within the DSS. Justice Umar then adjourned the case until August 3 for continued defense proceedings.
