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Attorney-General of the Federation, Lateef Fagbemi, SAN, personally appeared before the Federal High Court in Abuja to lead the Federal Government’s prosecution in the high-profile criminal trial of activist and Sahara Reporters publisher, Omoyele Sowore.
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Fagbemi urged the court to reject Sowore’s application seeking to subpoena the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, arguing that the request was unnecessary and intended to frustrate the speedy determination of the case.
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The AGF maintained that the DSS had already demonstrated its willingness to cooperate with the judicial process by producing one of its officials to testify for the defence, insisting there was no basis for compelling the agency’s chief to appear.
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Sowore is facing charges of alleged criminal defamation, cyberstalking and incitement over social media posts in which he allegedly described President Bola Tinubu as “a criminal”, a development that has reignited debate over the limits of free speech and political expression in Nigeria.
July 28, (THEWILL) — Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, on Tuesday, personally led the Federal Government’s prosecution in the ongoing criminal trial of activist and publisher of Sahara Reporters, Omoyele Sowore, urging the Federal High Court in Abuja to reject the defendant’s application seeking to compel the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, to testify as a defence witness.
THEWILL reports that Fagbemi, who headed a team of senior government lawyers, argued before Justice Mohammed Umar that the request to subpoena the nation’s top intelligence chief was unwarranted and constituted a deliberate attempt to delay the proceedings.
The Attorney-General appeared in court alongside the Director of Public Prosecutions of the Federation (DPP), Rotimi Oyedepo, SAN; Akinlolu Kehinde, SAN; and other senior counsel representing the Federal Government in the high-profile case.
Sowore is being prosecuted by the DSS on charges of alleged criminal defamation, cyberstalking and incitement arising from comments he allegedly published on his X and Facebook accounts.
According to the prosecution, the activist referred to President Bola Tinubu as “a criminal” in the social media posts, an allegation the DSS contends amounts to criminal defamation and other offences under Nigeria’s criminal and cybercrime laws.
AGF Opposes Defence Application
At Tuesday’s proceedings, Fagbemi insisted that there was no legal or factual justification for summoning the DSS Director-General to testify. He told the court that the security agency had already demonstrated its readiness to assist the judicial process by producing one of its officials, who testified as the second defence witness (DW-2) during the previous sitting.
According to the AGF, the defence’s latest application was merely a strategy to prolong the trial.
“The DSS has been responsive enough by allowing one of its officers to testify. The request to subpoena the Director-General serves no useful purpose other than delaying the proceedings”, Fagbemi submitted.
He, therefore, urged Justice Umar to dismiss the application and allow the trial to continue without further procedural distractions.
The defence, however, maintained that the testimony of the DSS Director-General was material to Sowore’s case and urged the court to grant the application.
Justice Umar is expected to rule on the request before proceedings continue.
Background
The DSS instituted criminal proceedings against Sowore after he allegedly published social media posts describing President Tinubu as “a criminal”.
The security agency subsequently filed charges bordering on criminal defamation, cyberstalking and incitement before the Federal High Court in Abuja, alleging that the publications were false, injurious to the President’s reputation and capable of inciting public unrest.
Sowore has consistently denied the allegations, maintaining that his comments constituted legitimate political criticism protected under the constitutional right to freedom of expression.
The trial is being closely watched by lawyers, civil society organisations and political observers because of its potential implications for freedom of speech, digital expression and the enforcement of Nigeria’s cybercrime laws.
With the Attorney-General now taking direct control of the prosecution and the court set to determine whether the DSS Director-General can be compelled to testify, the proceedings are expected to shape the next phase of one of Nigeria’s most closely followed criminal trials involving a prominent opposition figure and media publisher.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
