Court dismisses Sowore’s request to subpoena DSS lawyer as witness

The Federal High court in Abuja on Monday dismissed an application by Omoyele Sowore, the publisher of Sahara Reporters, seeking to compel the lead counsel for Department of State Services (DSS), Akinlolu Kehinde, SAN, to testify as defence witness in his ongoing alleged cyberbullying case.

Justice Mohammed Umar, in a ruling, set aside the subpoena earlier issued against Kehinde.

Justice Umar held that lawyers owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications relating to legal representation.

The judge further explained that a legal practitioner could only be compelled to testify under limited circumstances, particularly where the evidence sought relates to an uncontested matter or an issue that would not prejudice the interests of the client.

He agreed with the argument of the prosecution that Sowore’s request was a ploy to delay his trial and that the application was in bad faith and strange in law, especially in a criminal trial.

After the ruling, Ruben Adakole, who appeared for Sowore, informed the court of the defence’s intention to subpoena a chieftain of the All Progressives Congress APC, Joe Igbokwe, and the Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, as witnesses.

Justice Umar then granted the request and directed that the letters of subpoena be issued to the proposed witnesses to appear before the court.

The judge subsequently adjourned the matter until Nov. 11 for the appearance of the subpoenaed defence witnesses.

Sowore, the presidential candidate of African Action Congress (AAC), is being prosecuted by the DSS over his August 2025 published posts on X (formerly Twitter) and Facebook.

He was alleged to have accused President Bola Tinubu of lying about the level of corruption in the country.