A Federal High Court in Abuja has ruled that the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, is not required to testify in person in the ongoing cyberbullying trial of online publisher Omoyele Sowore.
Justice Mohammed Umar gave the ruling on Monday, holding that another officer with sufficient knowledge of the agency’s official activities could testify on the director-general’s behalf.
“To say it must be the DG that must appear before this court to testify in respect of an official act carried out by the SSS in this case will not serve the interests of justice,” the judge said.
The ruling followed objections from Sowore’s legal team, which insisted that Ajayi appear as a court-summoned defence witness. The team argued that the DSS had breached an earlier understanding to send an officer to testify on his behalf during previous proceedings.
In its ruling, the court held that the director-general or any designated officer with full knowledge of the Service’s official activities and other relevant matters could testify for the defendant.
Justice Umar further stated that “the testimony that is expected from the Director General is not personal, but in respect of an official act or engagement.”
Following the ruling, Michael Jego, a member of the DSS investigation team, took the witness stand to testify on behalf of the director-general.
Jego told the court that he was part of the team that flagged Sowore’s posts on X and Facebook and advised him to retract them.
He said the posts, published on 26 August 2025, had the potential to pose a significant threat to national security. He also testified that he was part of the team that monitored reactions to the publications.
During cross-examination by Sowore’s counsel, Olumide Fusika (SAN), Jego said President Bola Tinubu’s remarks during an outing in Brazil had been taken out of context.
The charges against Sowore stem from a post reacting to a video of Tinubu speaking in Brazil, in which the President claimed his administration had ended or significantly reduced corruption in Nigeria.
Sowore wrote: “THIS CRIMINAL @ OFFICIAL PBAT ACTUALLY WENT TO BRAZIL TO STATE THAT THERE IS NO MORE CORRUPTION UNDER HIS REGIME IN NIGERIA. WHAT AUDACITY TO LIE SHAMELESSLY!”
The statement forms the basis of the charges against the publisher, who has denied any wrongdoing.
Sowore is also the presidential candidate of the African Action Congress (AAC) for the 2027 general election.
The court adjourned the case until Monday, 26 October, for continuation of the trial.
Faridah Abdulkadiri
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