The Department of State Services has asked the Federal High Court in Abuja to prevent Omoyele Sowore from calling further evidence, accusing his legal team of repeatedly delaying his ongoing trial.
DSS counsel Akinlolu Kehinde, a Senior Advocate of Nigeria, made the application on Monday, August 3, 2026, after Sowore’s lawyer requested another adjournment. The court did not grant the foreclosure request and instead postponed the trial.
Defence Says Documents Arrived Late
Sowore’s lead counsel, Adeyinka Olumide-Fusika, told Justice Mohammed Umar that the case had been scheduled for the continuation of the defence.
He confirmed that a DSS officer was present to testify after the defence subpoenaed the agency’s Director-General, Oluwatosin Ajayi.
Olumide-Fusika, however, said the defence could not proceed because documents required for questioning the witness were not made available early enough.
The senior lawyer said an application relating to the documents was submitted on July 22.
According to him, the defence was repeatedly informed that the judge had not approved the request, only to discover shortly before Monday’s proceedings that approval had been granted on July 27.
Olumide-Fusika blamed the delay on communication problems within the court registry rather than the judge or the defence team.
DSS Alleges Deliberate Delay
Kehinde opposed the request for an adjournment, describing it as another attempt to keep the case pending unnecessarily.
He said the parties had previously agreed that a nominated DSS officer would appear in place of the agency’s director-general and that the prosecution had fulfilled that arrangement by producing the witness.
The DSS lawyer argued that the defence was responsible for following up on its application with the court registry.
He asked the judge to close Sowore’s defence and direct both parties to submit their final written arguments.
Kehinde maintained that a court could use its case-management powers when a party had received repeated opportunities to present its case but allegedly failed to do so.
He argued that such an order would not violate Sowore’s constitutional right to a fair hearing because that right guaranteed an opportunity to present a defence, not an unlimited ability to delay proceedings.
Sowore’s Lawyer Rejects Accusation
Olumide-Fusika denied that the defence was deliberately slowing the trial.
He said his team could not independently determine when the judge approved its application because communication about court records had to come through the registry.
The lawyer argued that the requested documents were necessary for the defence’s intended questioning of the DSS witness.
He added that the defence could have insisted on the personal appearance of the DSS director-general if its objective had been to prolong the case.
Justice Umar observed that the prosecution had closed its case months earlier and that the defence had so far called only one witness.
The judge also expressed concern about the number of adjournments recorded since the defence stage began.
Lawyers Clash in Court
Proceedings became tense when the two senior lawyers exchanged accusations over responsibility for the delays.
Olumide-Fusika accused the DSS counsel of acting more like a persecutor than a prosecutor, while Kehinde objected to the remarks and asked the defence lawyer to moderate his language.
The exchange continued despite attempts by the judge to restore order.
Justice Umar criticised the conduct of both lawyers and warned that further misconduct could result in their referral to the appropriate professional disciplinary authorities.
The judge said the altercation made it impossible to continue with the hearing that day.
Both lawyers reportedly apologised to the court after the proceedings were adjourned.
Trial Continues September 20
Justice Umar adjourned the case until September 20, 2026, for the continuation of Sowore’s defence.
The court did not make an order closing the defence, meaning Sowore will retain the opportunity to continue presenting his case when proceedings resume.
Sowore, an activist, publisher and former presidential candidate of the African Action Congress, is facing an amended two-count charge arising from social media posts concerning President Bola Tinubu.
The DSS alleges that Sowore used his verified accounts on X and Facebook to publish statements describing Tinubu as a criminal and that the posts were capable of disturbing public order.
He pleaded not guilty to the charges, which relate to alleged cyberstalking and criminal defamation.
The allegations remain unproven, and Sowore is presumed innocent unless convicted by the court.
