The Attorney-General of the Federation, AGF, and Minister of Justice, Mr Lateef Fagbemi, SAN, on Tuesday personally appeared for the prosecution in the ongoing trial of Omoyele Sowore, publisher of Sahara Reporters, at the Federal High Court in Abuja.
Sowore, is being prosecuted by the Department of State Services, DSS, before Justice Mohammed Umar on a three-count charge bordering on criminal defamation, cyberstalking and incitement.
The charges against Sowore stem from a post he made on his verified “X” (formerly Twitter) and Facebook accounts in which he allegedly referred to President Bola Ahmed Tinubu as “a criminal.”
The DSS, acting as the complainant, filed the charges arguing that the publication amounted to false claims capable of injuring the reputation of the President and inciting public disaffection against the government.
The involvement of the AGF himself in leading the prosecution is unusual and underscores the weight the Federal Government has attached to the matter, given that criminal defamation and cyberstalking cases are ordinarily handled by state counsel or officers of the Directorate of Public Prosecutions.
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At the resumed hearing, Fagbemi led a formidable team of senior lawyers, including the Director of Public Prosecutions of the Federation, Mr Rotimi Oyedepo, SAN, and Mr Akinlolu Kehinde, SAN, among other counsel.
The AGF urged the court to reject a subpoena issued at Sowore’s instance, which sought to compel the Director-General of the DSS, Mr Oluwatosin Ajayi, to appear and testify as a witness for the defence.
Fagbemi argued that the DSS had already demonstrated good faith and cooperation with the court by allowing the 2nd Defence Witness (DW-2), an official of the Service, to give evidence on the last adjourned date.
He submitted that the fresh application seeking to drag the DSS Director-General into the witness box was nothing more than a calculated attempt by the defendant to delay the proceedings and frustrate the expeditious hearing of the matter.
Sowore, who has consistently maintained his innocence, insists that his comments constitute legitimate political expression protected under Section 39 of the 1999 Constitution (as amended), which guarantees freedom of expression and the press. His legal team has also questioned the constitutionality of criminal defamation provisions, arguing that they are relics of colonial-era laws that have been repealed or struck down in several democracies around the world.
The defence contends that the testimony of the DSS Director-General is material to establishing the circumstances surrounding the investigation and prosecution of the case, and therefore central to a fair hearing.
Justice Umar is expected to rule on the AGF’s objection to the subpoena at the next adjourned date, a decision that could significantly shape the trajectory of the trial going forward.
Crediblenewsng.com
