Cybercrime Trial: Sowore Moves to Subpoena Onanuga, DSS DG

 

ABUJA, Nigeria – Human rights activist and publisher of Sahara Reporters, Omoyele Sowore, has taken fresh legal steps in his ongoing cybercrime trial by seeking to subpoena Presidential Special Adviser on Information and Strategy, Bayo Onanuga, and the Director-General of the Department of State Services (DSS) to testify before the Federal High Court in Abuja.

The development came during the continuation of Sowore's defence in the criminal defamation and cybercrime case instituted against him by the DSS over social media posts in which he allegedly referred to President Bola Tinubu as a "criminal." Sowore has consistently denied the allegations and pleaded not guilty to the charges.

During the proceedings, Sowore's lead counsel, Olumide Fusika (SAN), informed the court that the defence intends to compel the appearance of the DSS Director-General through a subpoena. According to the defence, the testimony of the security chief is considered essential to the case, particularly regarding official correspondence and actions taken during the investigation.

The defence also disclosed that it had applied for a subpoena to compel Bayo Onanuga to testify. However, counsel explained that court bailiffs had been unable to serve the subpoena on the presidential aide, prompting further efforts to ensure his appearance before the court.

Earlier in the proceedings, a retired DSS official, Davies, testified under cross-examination that he acted strictly within his official responsibilities throughout the investigation. He also confirmed that correspondence was sent to X (formerly Twitter) on behalf of the DSS Director-General and acknowledged receiving a subpoena related to the matter.

The prosecution sought to tender documents, including copies of the letter sent to X and the subpoena served on the retired officer, as evidence. However, the defence objected, arguing that the documents had not been properly certified. Justice Mohammed Garba Umar upheld the objection and declined to admit the documents into evidence.

Following the arguments from both parties, Justice Umar adjourned the case until July 28 for the continuation of the defence. The court is expected to address the applications relating to the proposed subpoenas and hear additional witnesses during the next sitting.

The case stems from posts made by Sowore on his social media accounts, where he described President Tinubu as a "criminal" while commenting on issues relating to corruption. The DSS argues that the posts amount to criminal defamation and cybercrime offences under the Cybercrimes Act, while Sowore maintains that they fall within his constitutional right to freedom of expression.

Legal observers say the outcome of the subpoena applications could influence the direction of the trial, as the defence seeks testimony from senior government officials involved in the events surrounding the prosecution. The case continues to attract national attention because of its implications for free speech, digital rights, and the application of Nigeria's cybercrime laws.