A Federal High Court sitting in Abuja has dismissed the request by the Presidential candidate of the African Action Congress (AAC), Omoyele Sowore to compel the counsel to the Department of State Services (DSS), Akinlolu Kehinde, SAN, to testify in his ongoing alleged cyberbullying trial before the court
Delivering the ruling on Monday, the trial judge, Justice Mohammed Umar set aside the subpoena earlier issued against Kehinde, holding that lawyers owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications relating to legal representation.
The judge further explained that a legal practitioner could only be compelled to testify under limited circumstances, particularly where the evidence sought relates to an uncontested matter or an issue that would not prejudice the interests of the client.
Following the ruling, defence counsel, Ruben Adakole, informed the court of the defence’s intention to subpoena a chieftain of the All Progressives Congress (APC), Joe Igbokwe, and the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, as witnesses.
In response, Justice Umar granted the request and directed that subpoenas be issued to the proposed witnesses to appear before the court and subsequently adjourned the matter till November 11, 2026, for the appearance of the subpoenaed defence witnesses.
In an amended charge filed on December 5, 2025, Sowore was re-arraigned by the DSS on two count charges bothering on defamation of Tinubu as President of the Federal Republic of Nigeria.
Count one of the charge reads, “That you, Omoyele Sowore, adult, male, on or about the 25th day of August 2025 within the jurisdiction of this Honourable Court, did knowingly or intentionally send a message by means of a computer system or network, to wit: your official “X” (formerly Twitter) handle page, @YeleSowore wherein you posted the following message/tweet: ‘This criminal @officialABAT actually went to Brazil to state that there is no more corruption under his regime in Nigeria. What audacity to lie shamelessly, which message you knew to be fake and posted for the purpose of causing a breakdown of law and order in Nigeria, posing a threat to life, or causing such message to be sent and thereby committed the offence of Cyberstalking contrary to Section 24(1) (b) and 24(2) (a), (6), and (c) of the Cybercrimes (Prohibition, Prevention Amendment) Act, 2024 and punishable under the same section.
Count two reads, “That you Omoyele Sowore, Adult, Male, on or about the 25th day of August, 2025. within the jurisdiction of this Honourable Court, did knowingly or intentionally send a message by means of a computer system or network, to wit: your Official Facebook handle page. @YeleSowore, wherein you posted the following message/post: “This criminal @officialABAT actually went to Brazil to state that there Is no more corruption under his regime in Nigeria. What audacity to lie shamelessly” which message you knew to be false and posted for the purpose of causing a breakdown of law and order in Nigeria, posing a threat fo life or causing such message to be sent and thereby committed the offence of Cyberstalking contrary fo Section 241(b) and 24(2) (a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, (Amendment) Act 2024 and punishable under the some section.
Sowore had pleaded not guilty to the two count charges when read to him, prompting the DSS to call its witnesses and also tendered exhibits to establish the Cyberbullying charges.
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