Olumide Fusika, lead counsel to Omoyele Sowore, the presidential candidate of the African Action Congress, AAC, has urged the Department of State Services, DSS, to withdraw the cybercrime charges against his client or transfer the case to the office of the Attorney-General of the Federation, AGF.
Fusika made the demand during a press conference, where he criticised the DSS for reportedly deciding to seek an adjournment of Sowore’s cybercrime trial without notifying the defence team.
The development followed a report that the DSS had directed its counsel to seek an adjournment of the case until after the 2027 presidential election.
A DSS source reportedly told TheCable on Sunday that the agency’s Director-General, Tosin Ajayi, had instructed its counsel, Akinlolu Kehinde, to seek the adjournment.
According to the source, Ajayi told the agency’s lawyer that it would be fair to allow Sowore to participate fully in the campaign for the 2027 presidential election.
Fusika, a Senior Advocate of Nigeria, SAN, said the DSS should have informed Sowore’s legal team of its intention and formally applied to the court for the adjournment.
He argued that the reported move created the impression that the security agency had the authority to determine when court proceedings should take place or be suspended.
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“We got to know of these developments the same way you all got to know of it through publication. We never got any such press statement,” the lawyer said.
He added that the development gave the impression that the DSS was in control of the court and could determine when proceedings should continue or stop.
Fusika urged the DSS to either withdraw the charges completely or hand the case over to the office of the Attorney-General of the Federation.
He argued that the responsibility of the DSS should primarily involve conducting investigations and forwarding the findings to the AGF’s office, rather than prosecuting individuals over statements allegedly made against the President.
The lawyer, however, said Sowore’s defence team would not oppose an application for adjournment if it was properly filed before the court.
The DSS is prosecuting Sowore on a two-count charge bordering on alleged cybercrime. The charges stem from a post he made on X on August 25, in which he described President Bola Tinubu as a “criminal” while reacting to the President’s comments on corruption during a trip to Brazil.
The case has attracted attention amid broader debates over freedom of expression, the use of cybercrime laws and the treatment of political critics in Nigeria.
The Cable
