SSS backtracks on plan to suspend Sowore’s cyberstalking trial

The lawyer prosecuting Omoyele Sowore, activist and publisher of Sahara Reporters, for describing President Bola Tinubu as “a criminal” has denied knowledge of a reported plan by the State Security Service (SSS) to suspend the trial until after the 2027 presidential election.

The lawyer, Akinlolu Kehinde, a Senior Advocate of Nigeria (SAN), made the denial on Monday after Mr Sowore’s lead lawyer, Adeyinka Olumide-Fusika, also a SAN, drew Judge Muhammad Umar’s attention to media reports that the SSS had planned to seek a long adjournment to enable Mr Sowore to participate fully in the electioneering.

PREMIUM TIMES reported that the SSS announced on 30 August that its Director-General, Oluwatosin Ajayi, directed Mr Kehinde to take steps towards temporarily suspending the case.

The SSS said its media unit would “formally communicate” the request to the Federal High Court from 14 September, when the court was expected to resume proceedings after its annual vacation.

The service said the decision followed a meeting between Messrs Ajayi and Kehinde and the agency’s legal directorate on 20 August and was intended to allow Mr Sowore, a presidential candidate of the African Action Congress (AAC), to participate in the 2027 election campaign.

The SSS also said the trial would resume after the election, scheduled by the Independent National Electoral Commission (INEC) for January next year.

Mr Kehinde subsequently explained the proposed suspension in a telephone interview with PREMIUM TIMES, citing international conventions to which Nigeria is a signatory, including the ECOWAS Supplementary Protocol on Democracy and Good Governance, the African Charter on Democracy, Elections and Governance, the AU Declaration on Principles Governing Democratic Elections in Africa and the International Covenant on Civil and Political Rights.

But when the issue was raised in court on Monday, the SSS lawyer denied knowledge of the reported position.

What happened in court

At the resumed hearing, Mr Olumide-Fusika said he was surprised that the prosecution appeared ready to continue with the case despite the earlier reports about the SSS’s plan to seek its suspension.

The defence lawyer tendered newspaper publications containing reports of the proposed suspension.

Mr Kehinde, however, said he was not aware of the reports and urged the court not to rely on social media accounts.

He maintained that he was ready to proceed with the case and argued that the responsibility for producing the subpoenaed witness rested with the defence.

The disagreement centred on an earlier arrangement concerning the SSS official who was expected to testify for the defence.

The defence had initially sought to subpoena the SSS Director-General, Mr Ajayi, over a letter issued to Mr Sowore in September 2025 concerning the social-media posts.

Following an intervention by Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, in July, the defence agreed that another senior SSS official could appear in place of the Director-General.

The defence subsequently expected the nominated official to appear.

Mr Olumide-Fusika told the court on Monday that the defence could not proceed without the witness.

Mr Kehinde disagreed and urged the court to direct the defence to proceed with its case or foreclose the defence.

After listening to the parties, Judge Umar gave Mr Sowore’s legal team another opportunity to produce the witness and adjourned the case until 2 October for continuation of the defence.

READ ALSO: SSS justifies move to suspend Sowores cyberstalking trial

How the case started

The SSS brought the charges against Mr Sowore over social-media posts he made on X and Facebook in August last year in which he described President Tinubu as “a criminal”.

Mr Sowore has maintained his position on the posts and denied wrongdoing.

The prosecution closed its case earlier this year, after presenting a witness. In May, Judge Umar dismissed Mr Sowore’s no-case submission and ordered him to enter his defence.

Mr Sowore subsequently opened his defence, with lawyer and public affairs commentator Deji Adeyanju appearing as his first witness in July.

The case later stalled over the production of an SSS witness, leading to a series of exchanges between the prosecution and defence lawyers over the pace of the proceedings.