The State Security Service (SSS), on Tuesday, urged the Federal High Court in Abuja to reject an utility by Omoyele Sowore, writer of Sahara Reporters, to subpoena its lead counsel, Akinlolu Kehinde, a Senior Advocate of Nogeria (SAN), as defence witness in his ongoing trial on expenses of cyber bullying President Bola Tinubu.
The SSS, by way of its lawyer, Kenneth Cyril-Ita, instructed Judge Mohammed Umar that Mr Sowore’s request was a ploy to delay his trial.
It argued that the subpoena was in dangerous religion and unusual in regulation, particularly in a legal trial.
It additional argued that below Section 192 of the Evidence Act, no lawyer is permitted to disclose any data obtained in the midst of his engagement except with the consent of his shopper.
The SSS added that Mr Sowore’s subpoena was an abuse of court course of calculated to annoy and irritate its lead counsel.
Mr Cyril-Ita, due to this fact, requested the court to put aside the subpoena issued towards Kehinde by Mr Sowore, the presidential candidate of the African Action Congress (AAC).
Mr Sowore, by way of his lawyer, Adeyinka Olumide Fusika, a SAN, had served a subpoena on the SSS’ lead counsel to give proof on the occasion of the defence within the cyberbullying trial.
In his movement on discover opposing the execution of the subpoena, Mr Cyril-Ita instructed the court that the proof sought to be given by way of the subpoena witness is irrelevant to Mr Sowore’s alleged cyberbullying trial.
The lawyer mentioned opposite to Mr Sowore’s declare, there was no utility earlier than the court to droop or adjourn the trial until 2027.
“By not setting aside the subpoena, the court is being invited to deprive the Federal Republic of Nigeria, a counsel of its choice in the prosecution of the matter as counsel cannot be a witness and counsel at the same time in the same matter,” he acknowledged.
According to him, the proof of whether or not the complainant will ask for adjournment or not within the matter as proven within the publication sought to be tendered is a matter allegedly caught by Section 83(3) of the Evidence Act.
He, due to this fact, urged the trial decide, Mr Umar, to put aside the subpoena and direct Mr Sowore to proceed his defence within the expenses towards him.
In his argument, Reuben Adakole, who represented Mr Sowore on Tuesday, requested the court to uphold the subpoena towards the DSS lead counsel as requested by the defendant to aide his defence.
After listening to events, Justice Umar adjourned the matter till 9 November for ruling.
Mr Sowore beforehand made an unsuccessful try to have SSS director basic Tosim Ajayi summoned to testify.
Mr Sowore faces prosecution over his social media posts final 12 months calling President Bola Tinubu a legal.
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The SSS introduced the costs towards Mr Sowore over social-media posts he made on X and Facebook in August final 12 months during which he described President Tinubu as “a criminal”.
Mr Sowore has maintained his place on the posts and denied wrongdoing.
The prosecution closed its case earlier this 12 months, after presenting just one witness. In May, Judge Umar dismissed Mr Sowore’s no-case submission and ordered him to enter his defence.
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Mr Sowore subsequently opened his defence, with lawyer and public affairs commentator Deji Adeyanju showing as his first witness in July.
The case later stalled over the manufacturing of an SSS witness, main to a sequence of exchanges between the prosecution and defence legal professionals over the tempo of the proceedings.
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