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Human rights activist and Presidential Candidate for the African Action Congress (AAC), Omoyele Sowore, has insisted that the Director-General of the Department of State Services (DSS), Mr Tosin Ajayi, must appear before the Federal High Court in Abuja to give evidence.
His position follows the collapse of an understanding between his lawyer, Mr Adeyinka Olumide-Fusika, SAN, and the prosecution counsel, Mr Akinlolu Kehinde, SAN.
Olumide-Fusika had earlier obtained an order of the court compelling the DG to appear and testify.
However, following the intervention of the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, both sides agreed that an officer of the service could appear in his place.
That arrangement fell apart when no proper provision was made for the witness to appear.
Addressing the court, Olumide-Fusika said he had been informed that the hearing notice was served on the DSS, but there was no sign of the DG in court.
“At the last adjourned date, we had an understanding that rather than pursuing the DG to appear, we would accept any officer,” he said.
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“Since no witness is here, we are now insisting that the DG himself should come. The order of the court and the hearing notice were directed at him, so he has to be in court.
“The prosecution repudiated the understanding we had; therefore, the DG has to come. The subpoena did not say any officer. It was directed specifically to the DG.”
He said the AGF had never filed any process in the matter, and that whatever he said on the day he appeared before the court should be discountenanced, since he was not the one who filed the charge.
“It was the understanding we had with the AGF that made us agree to any officer appearing, and the prosecution has repudiated it,” he said.
“For the prosecution to come to court this morning and behave as if there was never any understanding, we must draw a line. We are tired of being tossed around.”
Responding, Kehinde said the court’s record showed that the DSS was only expected to produce an officer and confirm to the court that the nominated officer was present. He added that the prosecution was ready to proceed.
