Court rejects Sowore’s request to subpoena State Security Service lawyer

The Federal High Court in Abuja on Monday dismissed an application by Omoyele Sowore, publisher of Sahara Reporters, to compel the lead counsel for the State Security Service (SSS), Akinlolu Kehinde, SAN, to testify as a defence witness in his ongoing alleged cyberbullying trial.

Justice Mohammed Umar set aside the subpoena issued against Mr Kehinde. According to Peoples Gazette, the judge held that lawyers owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications about their legal representation. He said a lawyer could be compelled to testify only in limited circumstances, such as where the evidence sought relates to an uncontested matter or would not prejudice the client’s interests.

The paper reported that the judge agreed with the prosecution’s argument that the request was meant to delay the trial. ThisDay reported that the trial concerns Mr Sowore’s description of President Bola Tinubu as a “criminal”, and that the court rejected a similar subpoena on the DSS Director-General, Oluwatosin Ajayi, in mid-October.

After the ruling, defence counsel Reuben Adakole told the court the defence intends to subpoena an All Progressives Congress chieftain, Joe Igbokwe, and the Chairman of the Independent National Electoral Commission, Joash Amupitan, as witnesses. The judge granted the request and directed that subpoena letters be issued. The matter was adjourned until November 11.