The lead counsel to the African Action Congress (AAC) presidential candidate, Omoyele Sowore, Mr Olumide Fusika (SAN), has criticised the Department of State Services (DSS) for announcing the suspension of the cyberbullying case against his client without prior notice to the defence team.
The DSS Director-General, Tosin Ajayi, had on Sunday announced that the agency would suspend the criminal prosecution of Sowore, who was accused of referring to President Bola Ahmed Tinubu as a criminal, until after the 2027 presidential election.
However, speaking with journalists on Monday, Fusika said the defence team only learnt of the development through media reports.
“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,” he said.
Fusika described the approach as inconsistent with established legal practice, arguing that where a prosecuting counsel intends to seek an adjournment on a date already fixed by the court, opposing counsel should be notified beforehand rather than being informed through a public statement.
He also faulted the wording of the DSS announcement, saying it created the impression that the agency, rather than the court, determines when proceedings should hold.
“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,” he said.
The senior advocate urged the DSS to adopt proper communication protocols to avoid undermining public confidence in Nigeria’s judicial institutions, particularly in the eyes of the international community.
On the DSS stated reason for suspending the case to allow Sowore to participate fully in the forthcoming elections, Fusika said the justification was reasonable, even if his client might disagree with it.
He, however, urged the agency to take further steps consistent with that position.
“Based on that understanding, I would respectfully suggest to the DSS to do either of two things: instruct counsel to withdraw the charge completely, or hand it over to the office of the Honourable Attorney-General of the Federation,” he said.
Fusika maintained that the statutory mandate of the DSS is focused on internal security and intelligence gathering, rather than criminal prosecution.
He warned that pursuing cases of this nature, including that involving former presidential candidate Prof. Pat Utomi, could drag the agency into political controversies and erode public trust.
“The duty of the DSS is to investigate and hand over to the office of the Attorney-General of the Federation, not to charge to court anyone who makes statements against the President,” he added.
Fusika said the defence would not oppose any formal application for an adjournment when presented before the court, but urged the DSS leadership to safeguard the institution’s integrity by refraining from prosecuting critics of the government.
