By Henry Ojelu
LAGOS — Lead counsel to the African Action Congress, AAC, presidential candidate, Omoyele Sowore, Mr Olumide Fusika, SAN, has asked the Department of State Services, DSS, to withdraw the cyberbullying charge against his client or transfer the case to the office of the Attorney-General of the Federation, AGF.
Fusika made the demand on Monday while reacting to the DSS announcement that it had suspended the prosecution of Sowore until after the 2027 presidential election.
The DSS Director-General, Tosin Ajayi, had, in a statement on Sunday, announced the suspension of the criminal proceedings against Sowore, who is facing charges over comments concerning President Bola Tinubu.
However, Fusika faulted the manner in which the suspension was announced, saying the defence team was not formally informed before the statement was released to the public.
The senior lawyer said the defence learnt about the development through media reports, describing the procedure adopted by the security agency as unusual in legal practice.
He said: “We got to know of these developments the same way you all got to know of it through publication. We never got any such press statement.”
According to him, where a prosecuting counsel intends to seek an adjournment in a matter already fixed for hearing, the proper procedure is to communicate with the opposing counsel and formally approach the court.
Fusika said the DSS statement could create the erroneous impression that the security agency had the power to determine when a court would sit or suspend proceedings.
He said: “The statement gives the impression that the DSS is the one in control of the court. It determines when the court sits and when the court does not sit.”
The SAN urged the DSS to improve its communication process, warning that poorly framed public statements on judicial matters could undermine confidence in Nigeria’s justice system.
On the reason given by the DSS for suspending the trial — to enable Sowore participate fully in the 2027 elections without hindrance — Fusika said he considered the explanation reasonable, even though his client might have a different view.
He, however, said the DSS should go further if it had acknowledged that the prosecution could interfere with Sowore’s political activities.
Fusika said: “Based on that understanding, I would respectfully suggest to the DSS to do either of two things. Instruct counsel to withdraw the charge completely. If that is not going to be done, the alternative is to hand it over to the office of the Honourable Attorney-General of the Federation.”
The lawyer argued that the core statutory responsibilities of the DSS are centred on internal security and intelligence gathering, rather than taking on the role of prosecuting critics of the government.
He cited the prosecution of Sowore and former presidential candidate, Prof. Pat Utomi, as examples of cases which, in his view, could expose the security agency to perceptions of political involvement.
Fusika said: “The duty of the DSS is to gather investigation and hand it over to the office of the Attorney-General of the Federation, not to jump into charging to court anyone that makes any statement against the President.”
He said the defence would not oppose any application for adjournment when formally brought before the court.
Fusika, however, urged the DSS Director-General to protect the credibility of the agency by ensuring that its security and intelligence mandate was not blurred with the prosecution of political critics.
He said the withdrawal or transfer of the case would provide an opportunity for the agency to demonstrate that its decision to suspend the trial was based on institutional considerations rather than political calculations.
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