Sowore, through his lawyer, Adeyinka Olumide-Fusika, SAN, made this known shortly before the conclusion of proceedings before Justice Mohammed Umar of the Federal High Court in Abuja.
The defendant was alleged to have made false claims against the person of President Bola Tinubu by referring to him as “a criminal” in a post he made on his “X” and Facebook accounts.
Against this development, the DSS charged Sowore, the presidential candidate of the African Action Congress (AAC), with criminal defamation, cyberstalking and incitement.
Olumide-Fusika had, on July 22, indicated his intention to apply for a subpoena on the DG of DSS.
The lawyer had wanted Ajayi to appear to testify on his client’s behalf and produce a document; a letter dated Sept. 7, 2025, asking Sowore to retract his alleged criminal defamatory posts about Tinubu.
He said his decision to invite the DG, DSS was because of the alleged inability of the official of the service, Uwem Davies, who appeared as the second defence witness on subpoena, to adequately address questions he raised in relation to the Sept. 7, 2025 letter.
He had said since Davies, who authored the said letter, told the court that he acted on the directive of the DG of DSS, it was necessary for Ajayi to appear and shed more light on the letter.
At Tuesday’s hearing, Olumide-Fusika later changed his mind on the issue after a heated argument on the propriety of the appearance of Mr Lateef Fagbemi, SAN, the Attorney-General of the Federation (AGF), in the case without prior notice.
Earlier, when the case was called, Fagbemi announced appearance for the prosecution.
Responding, Olumide-Fusika said the matter was scheduled for continuation of defence.
He, however, said that he could observe that “the prosecution is reinforced with the presence of the AGF and DPP (Director of Public Prosecutions, Rotimi Oyedepo, SAN.
According to him, I don’t know if there is a reason why they are here.
“So what do you want me to say? I hope you are not intimidated?” Justice Umar asked.
“I am my lord,” Olumide-Fusika responded in a lighter mood.
When the judge asked him if he was ready to continue with the proceeding, the lawyer responded in the affirmative.
Olumide-Fusika then said their “next witness is a subpoenaed witness, the DG DSS, Oluwatosin Ajayi, who holds the position.”
Fagbemi, who appeared for the first time, queried the competence of the subpoena issued on the DG, DSS, and urged the court to hold that the invitation to the DG, DSS amounted to an abuse of the court’s process.
Fagbemi said it was incorrect to state that the subpoena was served on Ajayi as earlier claimed by the defence lawyer, noting that service of a subpoena ought to be personal on the person it was directed at.
The AGF also submitted that the application for subpoena and the writ subsequently issued did not indicate when the DSS’ DG was expected to attend court.
The AGF, who argued that the subpoena amounted to an abuse of the process of the court, said that the letter, which the defence had wanted Ajayi to produce and answer questions on, had already been admitted in evidence twice by the court.
“As a matter of record, this document has been tendered and marked Exhibit D. It was also tendered as Exhibit DWC on July 22, 2026. It was tendered by the defendant,” Fagbemi said.
The AGF argued that although it was the constitutional right of Sowore to apply for a subpoena against anybody in aid of its case, such privilege had limitations.
Fagbemi said: “It is worth hearing that the document in contention was authored by DW-2 (Davies).