Sowore withdraws bid to subpoena DSS DG in NG defamation trial

• Omoyele Sowore withdrew his bid to subpoena DSS Director-General Adeola Oluwatosin Ajayi in his defamation trial.
• The Attorney General of the Federation intervened, arguing that the document sought was already tendered and admitted as evidence twice by the court.
• Sowore's counsel initially opposed the AGF's intervention but ultimately agreed to withdraw the subpoena.
• The development highlights the complexities of defamation cases in Nigeria, where government officials may be implicated in alleged defamatory statements.

The AGF argued that the appearance of the DSS Director-General was unnecessary, given that another official from the service could produce the same evidence.

A surprise development has unfolded in the defamation trial of Omoyele Sowore, as he withdrew his bid to subpoena the Director-General of the Department of State Services (DSS), Adeola Oluwatosin Ajayi. This move comes after the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), objected to the subpoena on grounds that the document in question had already been tendered and admitted as evidence twice by the court. The AGF argued that the appearance of the DSS Director-General was unnecessary, given that another official from the service could produce the same evidence. Sowore's counsel, Adeyinka Olumide-Fusika (SAN), initially opposed the AGF's intervention, but ultimately agreed to withdraw the subpoena after considering the AGF's arguments.

The Attorney General of the Federation has the constitutional authority to appear in any matter and intervene on behalf of the Federal Government. However, in this case, Fagbemi (SAN) argued that due notice should have been given to the defence before taking over the prosecution. The AGF's intervention highlights the complexities of defamation cases in Nigeria, where government officials may be implicated in alleged defamatory statements made by individuals or organizations. This raises questions about the balance between free speech and the need to protect public figures from reputational harm.

The withdrawal of Sowore's subpoena bid has significant implications for defamation cases in Nigeria. It underscores the Attorney General's power to intervene and set aside subpoenas, potentially limiting the ability of lawyers representing clients involved in defamation cases to compel testimony from government officials. This development may also have broader implications for the conduct of defamation trials in Nigeria, where the balance between free speech and reputational protection is increasingly complex.

Lawyers representing clients involved in defamation cases should be aware that the Attorney General of the Federation can intervene and set aside subpoenas, potentially limiting their ability to compel testimony from government officials.

Source: Original reporting via The Punch