The Federal High Court in Abuja on Monday dismissed an application by Omoyele Sowore, publisher of Sahara Reporters, seeking to compel the lead counsel to the Department of State Services, DSS, Akinlolu Kehinde, SAN, to testify as a defence witness in his ongoing alleged cyberbullying trial.
Justice Mohammed Umar, in his ruling, set aside the subpoena earlier issued against Kehinde. The judge held that lawyers owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications relating to legal representation.
He explained that a legal practitioner could only be compelled to testify under limited circumstances, particularly where the evidence sought concerns an uncontested matter or an issue that would not prejudice the client’s interests.
Justice Umar agreed with the prosecution’s argument that Sowore’s application was a ploy to delay the trial, describing it as an act of bad faith and strange in law, particularly in a criminal proceeding.
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Following the ruling, Ruben Adakole, who appeared for Sowore, informed the court of the defence’s intention to subpoena an All Progressives Congress chieftain, Joe Igbokwe, and the Chairman of the Independent National Electoral Commission, Prof. Joash Amupitan, as witnesses.
Justice Umar granted the request and directed that subpoenas be issued to the proposed witnesses to appear before the court.
The judge subsequently adjourned the case until November 11 for the appearance of the subpoenaed defence witnesses.
Sowore, the presidential candidate of the African Action Congress, is being prosecuted by the DSS over posts he published on X, formerly Twitter, and Facebook in August 2025.
He was accused of alleging that President Bola Tinubu lied about the level of corruption in the country.
NAN
