The Federal High Court, Abuja Division, on Monday, dismissed an application by Omoyele Sowore, publisher of Sahara Reporters, seeking 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, in a ruling, set aside the subpoena earlier issued against Mr Kehinde.
Mr Umar held that lawyers owe their clients a strict duty of confidentiality and cannot ordinarily be compelled to disclose communications relating to legal representation.
The judge further explained that a legal practitioner could only be compelled to testify under limited circumstances, particularly where the evidence sought relates to an uncontested matter or an issue that would not prejudice the client’s interests.
He agreed with the prosecution’s argument that Mr Sowore’s request was a ploy to delay his trial and that the application was made in bad faith and was strange in law, especially in a criminal trial.
After the ruling, Ruben Adakole, who appeared for Mr Sowore, informed the court of the defence’s intention to subpoena a chieftain of the All Progressives Congress (APC), Joe Igbokwe, and the Chairman of the Independent National Electoral Commission (INEC), Joash Amupitan, as witnesses.
Mr Umar then granted the request and directed that subpoena letters be issued to the proposed witnesses, directing them to appear before the court.
The judge subsequently adjourned the matter until November 11 for the appearance of the subpoenaed defence witnesses.
Mr Sowore, the presidential candidate of the African Action Congress (AAC), is being prosecuted by the SSS over posts he published on X (formerly Twitter) and Facebook in August 2025.
He was alleged to have accused President Bola Tinubu of lying about the level of corruption in the country.
(NAN)
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