DSS Reverses Position On Sowore Trial, Moves To Resume Prosecution Over His Continued ‘Insulting’ Of Tinubu

The Department of State Services (DSS) has reversed its earlier decision to seek the suspension of the ongoing trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 general election, sources familiar with the matter have told SaharaReporters.

The development comes barely a month after the secret police directed its prosecuting counsel, Akinlolu Kehinde, SAN, to seek an adjournment of the case until after the 2027 presidential election, saying it wanted to ensure that the proceedings did not interfere with Sowore’s participation in the election.

Sources told SaharaReporters that the DSS leadership has now directed Kehinde to proceed with the prosecution, following dissatisfaction with Sowore’s refusal to moderate his criticism of President Bola Ahmed Tinubu.

According to the sources, DSS Director-General, Oluwatosin Ajayi, had expected that the proposed suspension of the trial would create an opportunity for Sowore to participate in the election without the case hanging over him, while also easing tensions surrounding the prosecution.

However, the sources said the agency became displeased with what it described as Sowore’s continued “intransigence” and his persistent criticism of Tinubu and the administration.

They said Sowore’s continued political activities and public statements against the President prompted the agency to abandon its earlier plan to seek a lengthy adjournment.

The sources said the DSS has consequently instructed its lawyer, Kehinde, to continue prosecuting the case.

Sowore appeared at the Federal High Court in Abuja on Monday, a day after returning to Nigeria from the United States, for the continuation of his trial.

His lead counsel, Adeyinka Olumide-Fusika, SAN, was also present at the court. Olumide-Fusika reportedly learnt from the prosecution that the DSS would no longer pursue its previously announced plan to seek a lengthy adjournment of the trial.

The development came after the DSS had publicly indicated in August that it wanted the case suspended to allow Sowore, who is the AAC presidential candidate, to participate fully in the forthcoming election campaign.

DSS had sought suspension of trial

SaharaReporters had reported on August 30 that the DSS directed its counsel to take steps to suspend Sowore’s prosecution until after the 2027 presidential election.

According to a report by Vanguard, a source close to the DSS legal team said Ajayi met with Kehinde and senior officials in the agency’s legal directorate on August 20 to discuss the proposed suspension.

The source said the DSS boss told the Senior Advocate and officials in the directorate that, with the commencement of presidential campaigns, “it would only be fair to pause the court case in order to enable Sowore fully participate in the upcoming elections without let or hindrance.”

The source reportedly added that Ajayi noted that the case had already been before the court for nearly a year and that suspending it for another four months would not make much difference.

The proposed move followed the Independent National Electoral Commission’s commencement of the 2027 election campaign period on August 19.

At the time, the DSS was expected to formally communicate its position to the Federal High Court when the court resumed proceedings after its annual judicial vacation.

Sowore, however, rejected the proposal, arguing that the agency could not simply suspend a prosecution it had instituted against him.

He demanded that the DSS withdraw the charges entirely, apologise and return electronic devices seized from him and his associates.

The case stems from social media posts made by Sowore in which he referred to Tinubu as a “criminal”. He has pleaded not guilty to the charges.

Reports on the case show that the prosecution is proceeding under the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024, with the Federal Government alleging that Sowore’s posts amounted to criminal defamation/cyber-related offences.

Monday proceedings

On Monday, however, the anticipated continuation of the case did not immediately take place because the trial judge, Justice Mohammed Umar of the Federal High Court in Abuja, was not sitting when the parties arrived.

Media personnel who arrived at the court were reportedly encouraged by DSS officials to attend the proceedings, with some told to expect a “surprise”.

The parties were subsequently informed that they could either return on Tuesday for a new date or return to court at 2 p.m. on Monday for further information on the case.

Sowore had mocked DSS decision

When the DSS first announced its plan to suspend the case, Sowore mocked the agency and described the development as a victory for resistance.

In a statement posted on X, he said the DSS had been forced to back down after pursuing what he described as an attempt to intimidate him through the judicial process.

“Lawless DSS Learns a Bitter Lesson: Resistance Prevails, and Our Resolve Remains Unbroken!” Sowore wrote.

He added: “‘A man can’t ride you unless your back is bent’ – Martin Luther King Jnr.”

Sowore said the agency had been forced to “eat humble pie” and maintained that he and his supporters would continue to challenge what he described as the unlawful use of state power.

“If you bend your back, someone will stand on it forever. That is the nature of oppression: it thrives wherever people are forced into submission, and they accept it,” he said following the news.

“The lawless @OfficialDSSNG has now been forced to eat humble pie. We told them from day one that this was an exercise in futility.

“We have fought too many of these battles to be intimidated now, and we have prevailed again and again.”

He also demanded that the DSS withdraw the charge against him, apologise and comply with court orders concerning fines imposed on the agency.

“The DSS must immediately withdraw this useless charge, apologize to our people for this abuse of power, return all my phones and electronic devices, and pay the ₦3 million in fines imposed against it by the courts,” he said.

He further demanded the return of devices allegedly seized from his assistant, Zainab Sodiq.

“The DSS must also immediately return the phones and drone unlawfully seized from my assistant, Zainab Sodiq. Our struggle remains firm. Our resolve is unbroken. We are unstoppable.”

Trial has been contentious

The case has been marked by repeated disagreements between the prosecution and defence teams.

At the August 3 sitting, a heated exchange between Kehinde and Olumide-Fusika disrupted proceedings after the DSS lawyer accused the defence of employing “dilatory tactics” to delay the trial.

Kehinde argued that the defence had repeatedly failed to produce its witnesses and urged the court to foreclose its case.

Olumide-Fusika rejected the allegation, saying the delays were not deliberate and that the defence had been affected by issues involving the court registry and the release of documents.

He also objected to what he described as the prosecutor’s derogatory language.

During the exchange, the defence lawyer accused Kehinde of behaving like a “persecutor” rather than a prosecutor.

Justice Umar intervened and warned both senior lawyers about their conduct.

“I respect you enough. Any more of this conduct and I will refer you to the appropriate disciplinary body,” the judge said.

“This should be the last time. If you are no longer interested in the case, you should say so. You cannot behave in my court in that manner.”

The judge subsequently adjourned the matter for continuation of the defence. Reports on the August proceedings said the case was fixed for September 28.

Dispute over DSS Director-General’s appearance

The trial had also been complicated by a dispute over the appearance of DSS Director-General Ajayi as a defence witness.

Sowore’s defence had obtained a subpoena seeking to compel the DSS chief to testify.

However, following interventions involving Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, the defence later agreed to allow another DSS official to provide evidence instead.

The defence had argued that it was prepared to proceed with the case and had no intention of delaying the proceedings.

The prosecution, however, maintained that the defence had been responsible for delays and had urged the court to foreclose its case.

The dispute is significant because the proposed suspension of the trial had initially appeared to signal a different approach by the DSS as Sowore prepared to campaign for the 2027 presidential election.

Instead, sources now say the agency has returned to its earlier position of pursuing the prosecution.

The reversal also comes as Sowore continues to campaign as the AAC presidential candidate and publicly criticise the Tinubu administration.(SaharaReporters)