The cyberbullying trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, was abruptly stalled on Tuesday after the trial judge, Justice Umar Mohammad, could not sit following a bereavement.
The development left lawyers waiting for several hours before the court registrar informed them that proceedings could not commence because the judge was bereaved.
The case, which was scheduled for hearing on October 6, was expected to deliver a ruling on whether the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, must personally appear in court to testify as a prosecution witness.
The court subsequently adjourned the matter until October 19, 2026.
The ruling had been keenly awaited by both sides following a dispute over the interpretation and enforcement of a subpoena issued to Ajayi.
Sowore’s defence has insisted that the DSS chief must personally appear because he was specifically named in the subpoena, while the prosecution maintains that an authorised DSS officer can testify on behalf of the agency.
At the previous sitting, defence counsel, Adeyinka Olumide-Fusika, SAN, accused the prosecution of reneging on an earlier understanding reached in court concerning the appearance of another DSS officer in place of Ajayi.
Olumide-Fusika alleged that Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, had initiated the arrangement for another officer to testify on behalf of the DSS Director-General.
He argued that the prosecution could not later abandon the agreement and insist on producing a different witness without formally addressing the matter before the court.
The lawyer maintained that because Ajayi was specifically named in the subpoena, he was required to appear personally.
“He was named specifically to come, and the subpoena still names him specifically. So he must come now, having repudiated the understanding,” the defence counsel submitted.
The defence further argued that if the prosecution wanted the court to accept another DSS officer in Ajayi’s place, it should make a formal application seeking such an order.
The prosecution, however, rejected the demand for Ajayi’s personal appearance.
Prosecution counsel, Kehinde Akinlolu, SAN, argued that the DSS Director-General was summoned in his official capacity and that an authorised officer of the agency could provide the required evidence.
He said it would be impracticable to require the head of a government agency to personally appear in every case involving the institution.
“He does not have a personal interest in this matter. There is no personal interest whatsoever,” Akinlolu argued.
He urged the court to allow the DSS officer already present in court to testify.
The disagreement prompted Justice Umar to examine the record of the earlier proceedings before fixing October 6 for a ruling.
However, the judge’s bereavement prevented the ruling from being delivered, prolonging the dispute over whether Ajayi must personally enter the witness box.
Sowore is being prosecuted over his description of President Bola Tinubu as a criminal.
The October 19 sitting is now expected to determine whether the DSS Director-General will be required to personally testify or whether the prosecution can proceed with another authorised officer of the agency.
