The State Security Service (SSS) on Tuesday urged the Abuja Division of the Federal High Court to reject an application by Omoyele Sowore, publisher of Sahara Reporters, to subpoena its lead counsel, Akinlolu Kehinde,  as a defence witness in his ongoing trial on an alleged cyberbullying offence.

The SSS, through its lawyer, Kenneth Cyril-Ita, told Justice Mohammed Umar that Mr Sowore’s request was a ploy to delay his trial.

The secret police argued that the subpoena was in bad faith and strange in law, especially in a criminal trial.

It further argued that under Section 192 of the Evidence Act, no legal practitioner is permitted to disclose any communication made to him in the course of his engagement unless with the consent of his client.

The SSS added that Mr Sowore’s subpoena was an abuse of court process calculated to annoy and irritate its lead counsel.

Mr Cyril-Ita therefore asked the court to set aside the subpoena issued against Mr Kehinde by Mr Sowore, the presidential candidate of the African Action Congress (AAC).

Mr Sowore, through his lawyer, Adeyinka Olumide Fusika, served a subpoena on the SSS’ lead counsel to appear in court and give evidence in the trial of the defendant for allegedly cyberbullying President Bola Tinubu.

In his motion on notice against the execution of the subpoena, Mr Cyril-Ita told the court that the evidence sought through the subpoena witness is irrelevant to Sowore’s alleged cyberbullying trial.

The lawyer said that contrary to Mr Sowore’s claim, there was no application before the court to suspend 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 stated.

According to him, the evidence of whether the complainant will ask for an adjournment in the matter, as shown in the publication sought to be tendered, is a matter allegedly covered by Section 83(3) of the Evidence Act.

He, therefore, urged Justice Umar to set aside the subpoena and direct Mr Sowore to continue his defence in the charges against him.

In his argument, Reuben Adakole, who represented Mr Sowore, asked the court to uphold the subpoena against the SSS’ lead counsel as requested by the defendant to aid his defence.

After listening to the parties, Justice Umar adjourned the matter until November 9 for a ruling.

(NAN)
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