The prosecution in the trial of African Action Congress (AAC) presidential candidate Omoyele Sowore has opposed the defence’s demand that the Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, appear personally in court to testify as a defence witness.

Prosecuting counsel, Akinlolu Kehinde, SAN, made the submission on Friday before Justice Mohammed Umar of the Federal High Court in Abuja. Kehinde argued that the defence could not insist that Ajayi personally appear where another appropriate DSS official could represent the agency.

The prosecution relied on the Supreme Court decision in Ishaq v. Soniyi, arguing that where a subpoena is directed to a public officer by virtue of the office he occupies, it would be inappropriate to insist that only the named officer could comply personally. Kehinde also referred to an earlier position taken by the Attorney-General of the Federation during proceedings on July 28, 2026.

According to the prosecution, the parties had previously agreed that another DSS official could be nominated to represent the Director-General. Kehinde told the court that a designated DSS official was available and ready to testify, adding that Ajayi had acted in his official capacity and had no personal interest in the case.

The defence, however, maintained that Ajayi should appear personally because the subpoena and hearing notice were issued in his name. Sowore’s lawyer, Adeyinka Olumide-Fusika, SAN, argued that the decision to subpoena the DSS Director-General followed evidence given by the second defence witness, Uwem Davies, who allegedly indicated that some questions could only be answered by Ajayi.

The defence also accused the prosecution of departing from an earlier understanding that a DSS official would appear on behalf of the Director-General after the designated witness was allegedly not produced on a previous adjourned date. The prosecution disputed that position and maintained that an appropriate DSS witness was available to proceed with the case.

Following the arguments, Justice Mohammed Umar adjourned the matter until October 6, 2026, for ruling on whether the DSS Director-General can be compelled to personally appear and testify as a defence witness. Sowore is facing trial over social media posts published in August 2025 in which he referred to President Bola Tinubu as a “criminal” and made allegations concerning corruption in Nigeria.