The Federal High Court in Abuja has adjourned the alleged cyberbullying case against Omoyele Sowore until October 2, 2026, after a subpoenaed witness from the Department of State Services, DSS, failed to appear in court.
Sowore, the African Action Congress, AAC, presidential candidate for the 2027 election, is being prosecuted over social media posts he made in August 2025 in which he described President Bola Tinubu as a “criminal” and accused him of making false claims about the level of corruption in Nigeria.
The case resumed on Monday before Justice Mohammed Umar, with prosecution counsel Akinlolu Kehinde, SAN, telling the court that the matter had been scheduled for Sowore to continue presenting his defence.
However, Sowore’s lawyer, Adeyinka Olumide-Fusika, SAN, told the court that the defence was expecting a subpoenaed witness from the DSS and might not be able to proceed without the witness.
The defence counsel said the Attorney-General of the Federation, Lateef Fagbemi, SAN, had previously reached an understanding with the defence that another DSS officer would appear on behalf of the agency’s Director-General, who had originally been subpoenaed.
According to Olumide-Fusika, no DSS representative appeared in court to stand in for the Director-General.
He said the defence therefore had the option of seeking another adjournment and could also apply for a warrant compelling the subpoenaed witness to appear in court.
The defence lawyer also tendered newspaper publications reporting that the DSS had planned to seek a suspension of the proceedings until after the 2027 general elections.
Reports had emerged in August that the DSS was considering asking the court to suspend the case to allow Sowore to concentrate on his presidential campaign. The DSS had previously confirmed that it was considering such a request.
However, prosecution counsel Kehinde told the court that producing a defence witness was not the responsibility of the prosecution.
He argued that it was the defence’s responsibility to ensure that its witness appeared in court and urged the judge to order Sowore to proceed with his defence.
Kehinde also criticised the defence’s reliance on social media reports concerning the alleged plan by the DSS to seek a long adjournment, saying he was unaware of such publications and asking the court to disregard them.
He further warned that if the defence failed to proceed, the prosecution could apply for the defence to be foreclosed.
Justice Umar, however, granted the defence another opportunity to produce the subpoenaed witness, given that the witness was not available in court.
The judge consequently adjourned the case until October 2 for continuation of Sowore’s defence.
The case dates back to August 2025, when Sowore published posts on X, formerly Twitter, and Facebook referring to Tinubu as a “criminal.” The DSS subsequently charged him over the posts.
In May 2026, the court rejected Sowore’s no-case submission after the prosecution closed its case and ordered him to enter his defence.
The defence has since called witnesses and sought to subpoena officials, including the DSS Director-General, in connection with its case.
The allegations against Sowore remain before the court, and the case has not been finally determined.
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