The lead counsel to African Action Congress (AAC) presidential candidate, Omoyele Sowore, Olumide Fusika, SAN, has urged the Department of State Services (DSS) to withdraw the cyberbullying charges against his client or transfer the case to the Office of the Attorney-General of the Federation (AGF).
Fusika made the demand yesterday while reacting to the DSS announcement that it would suspend the prosecution of Sowore until after the 2027 presidential election.
The DSS Director-General, Tosin Ajayi, had announced in a statement on Sunday that the agency would suspend the criminal prosecution of Sowore, who was accused of describing President Bola Ahmed Tinubu as a criminal.
However, Fusika faulted the manner in which the decision was communicated, saying Sowore’s legal team learnt about the suspension through media reports rather than from the prosecuting agency.
“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.
The senior lawyer described the approach as strange to legal practice, arguing that where a prosecuting counsel intends to seek an adjournment in a case already fixed for hearing, the defence should be informed before any public announcement is made.
Fusika also criticised the wording of the DSS statement, saying it created the impression that the security agency had the power to determine when a court could sit or when a trial should proceed.
“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.
He urged the DSS to engage competent communication professionals, warning that poorly worded public statements could damage the image of Nigeria’s judicial institutions before the international community.
On the DSS explanation that the suspension was to enable Sowore participate fully in the 2027 elections without hindrance, Fusika said the reason was reasonable and could portray the agency as an organisation that was not interfering in politics.
However, he said the DSS should go a step further if it had recognised the political dimension of the case.
“Based on that understanding, I would respectfully suggest to the DSS to do either of two things. Instruct counsel to withdraw the charge completely. If that is not going to be done, the alternative is to hand it over to the office of the Honourable Attorney-General of the Federation,” he said.
Fusika argued that the statutory responsibility of the DSS was primarily internal security and intelligence gathering, rather than criminal prosecution.
He said the decision to prosecute cases involving critics of the Federal Government, including that of Sowore and former presidential candidate, Prof. Pat Utomi, risked dragging the security agency into political controversies and eroding public confidence.
“The duty of the DSS is to gather investigation and hand it over to the office of the Attorney-General of the Federation, not to jump into charging to court anyone that makes any statement against the President,” he said.
The lawyer said the defence would not oppose the application for adjournment when it was formally presented before the court.
He, however, urged the DSS Director-General to protect the integrity and reputation of the agency by refraining from prosecuting individuals for criticising the Federal Government.
The development comes as attention remains focused on the legal battle involving Sowore and the implications of the DSS decision to suspend the prosecution ahead of the 2027 general elections.
