Justice Mohammed Umar of the Federal High Court in Abuja has directed the Department of State Services (DSS) to provide human rights activist Omoyele Sowore with all prosecution documents, including the proof of evidence and a full list of witnesses, in his ongoing cyberstalking trial.
The order came after Sowore’s lead counsel, Abubakar Marshal, objected to the DSS’s failure to furnish the documents, arguing that access to evidence and witness particulars is mandatory under the law. Marshal maintained that denying the defence these documents violates Sowore’s constitutional right to a fair hearing and undermines due process.
In his ruling, Justice Umar emphasized that compliance with legal procedures is essential, noting, “Even if you are calling a spirit as a witness, you must follow the law,” prompting laughter in the courtroom. The judge also highlighted Section 36 of the 1999 Constitution (as amended), which guarantees the right to fair hearing.
Counsel for the DSS, Akinlolu Kehinde, SAN, urged the court to proceed with the trial despite procedural lapses. However, in a surprising disclosure, the prosecution admitted that President Bola Ahmed Tinubu, listed as the complainant, did not personally initiate or instruct the prosecution, raising questions about who directed the DSS’s involvement.
Speaking to journalists, Marshal criticized the DSS for ignoring statutory requirements, saying the defence was being denied adequate time and resources to prepare. He also accused the agency of misusing state resources to suppress citizens exercising their right to criticise the government and questioned selective prosecution, noting that another government critic had recently been rewarded with an ambassadorial appointment despite similar allegations.
The defence urged authorities to focus on national security rather than pursuing politically motivated cases. The trial has been adjourned to Thursday, January 22, 2026, for continuation.
