Cybercrime Charge: Sowore kicks as DSS moves to foreclose his defence

By Ikechukwu Nnochiri

ABUJA — The ongoing trial of the presidential candidate of the African Action Congress (AAC), Omoyele Sowore, on cybercrime charges took a dramatic twist on Monday following a war of words between the defendant’s lawyer and the prosecution counsel.

The altercation led Justice Mohammed Umar, who is presiding over the case, to abruptly end the proceedings.

Trouble started after counsel to the Department of State Services (DSS), Mr. Akinolu Kehinde, SAN, applied for the court to foreclose the defence of Sowore, who is answering a two-count charge for calling President Bola Tinubu a “criminal” in a post he shared on social media platforms.

The application came after the defendant, through his lead counsel, Mr. Adeyinka Olumide-Fusika, SAN, urged the court to adjourn the matter to enable him to go through documents he needed to strengthen his defence.

Olumide-Fusika, SAN, stressed that although he applied for the documents since July 26, they were only released to him by the Court Registrar shortly before the proceedings commenced.

The defence lawyer said he was surprised to find out that the trial judge had approved the release of the documents to him since July 27.

Consequently, he sought an adjournment to study the documents and prepare for cross-examination of the next defence witness, who is an official of the DSS.

The adjournment request was immediately opposed by the prosecution counsel, Kehinde, SAN, who accused Sowore of attempting to use dilatory tactics to frustrate his trial.

He urged the court to reject the delay plot and declare the defence foreclosed.

The prosecution counsel’s position infuriated Sowore’s lawyer, who accused the DSS of engaging in deliberate “persecution” of his client.

He described as an insult the allegation that the defence team was engaging in dilatory tactics.

“What sort of talk is that? I am no longer going to allow you to take my calm attitude for granted.

“My calmness should not be taken for granted. Deal with the facts. What exactly are these alleged dilatory tactics?” Sowore’s lawyer fumed.

He drew the attention of the court to the fact that the defendant had, owing to the intervention of the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, relaxed a subpoena he secured to compel the Director General of the DSS, Omuwatosin Ajayi, to appear in the matter as a witness.

As both lawyers continued verbal exchanges in the open court, with the DSS lawyer decrying that the defendant had since March called only one witness to defend the charge, Justice Umar, who is not a vacation judge, adjourned the case until September 28.

Sowore had, on December 2, 2025, pleaded not guilty to the charge marked FHC/ABJ/CR/484/2025, filed against him by the DSS.

The charges allege offences under Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

The offending posts, made on August 25, 2025, were in response to President Tinubu’s claim, made in Brazil, that his administration had ended corruption in Nigeria.

Angered by the posts, the DSS demanded that X Inc. (formerly Twitter) and Meta Platforms Inc. ban Sowore’s accounts and remove the posts.

The security agency also wrote to Sowore, asking him to delete the posts from all platforms.

Non-compliance with the request led to the charges.

The prosecution claims the defamatory posts were intended to cause a breakdown of law and order and to tarnish the president’s reputation.

Exhibits include printouts of the posts and the DSS letters.

X Inc. and Meta were initially co-defendants but were delisted in the amended charge.

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