The Federal High Court in Abuja has rejected an application by activist and Sahara Reporters publisher Omoyele Sowore seeking to call the Department of State Services (DSS) lead counsel, Akinlolu Kehinde, as a defence witness in his ongoing cybercrime-related trial.
Justice Mohammed Umar, in a ruling on Monday, set aside the subpoena earlier issued to Kehinde, a Senior Advocate of Nigeria (SAN), holding that legal practitioners are generally protected by the duty of confidentiality owed to their clients.
The judge explained that a lawyer could only be compelled to give evidence in limited circumstances, particularly where the information sought concerned an undisputed matter or would not compromise the client’s interests.
He agreed with the prosecution’s argument that the defence application was an attempt to delay the proceedings, describing the request as being made in bad faith and inconsistent with the proper conduct of a criminal trial.
Following the ruling, Ruben Adakole, counsel to Sowore, informed the court that the defence intended to call two other witnesses: Joe Igbokwe, a chieftain of the All Progressives Congress (APC), and Joash Amupitan, Chairman of the Independent National Electoral Commission (INEC).
Justice Umar approved the request and directed that subpoenas be issued to both men, requiring them to appear before the court.
The judge adjourned the case until Nov. 11 for the appearance of the subpoenaed witnesses.
Sowore, who contested the presidency under the African Action Congress (AAC), is being prosecuted by the DSS over social media posts he published in August 2025 on X, formerly Twitter, and Facebook.
The prosecution alleges that the posts accused President Bola Tinubu of lying about the level of corruption in Nigeria.
The allegations remain before the court.
