A Federal High Court in Abuja has adjourned the alleged criminal defamation trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, until August 3 for the continuation of the defence.
Justice Mohammed Umar announced the adjournment on Tuesday after proceedings in which the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), challenged the subpoena issued to the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify in the case.
Fagbemi, who appeared for the Federal Government for the first time in the matter, urged the court to set aside the subpoena, arguing that the document the DSS chief was expected to produce was neither authored nor signed by him.
The AGF told the court that the document, a DSS letter requesting Sowore to delete a Facebook post in which he allegedly described President Bola Tinubu as a “criminal”, had already been tendered and admitted in evidence on two occasions.
He further argued that the author of the letter, Uwen Davis, had already testified in the case on July 22 on behalf of the defence, making Ajayi’s appearance unnecessary.
Counsel to Sowore, Adeyinka Olumide-Fusika (SAN), initially opposed the AGF’s appearance in the matter, contending that Akinlolu Kehinde (SAN) remained the Federal Government’s counsel on record.
Olumide-Fusika, however, acknowledged the constitutional powers of the Attorney-General to appear in any matter, but argued that proper notice should have been given to the defence before he took over the prosecution.
Earlier in the proceedings, the court confirmed that the subpoena had been served on the DSS Director of Legal Services after the registrar informed Justice Umar that service had been effected.
The Federal Government maintained that Ajayi was not aware of the service and asked the court to vacate the subpoena, urging the defence to proceed with its case.
After hearing arguments from both sides, Justice Umar adjourned the matter until August 3 for continuation of the defence.
