DSS seeks adjournment of Sowore trial Until after 2027 presidential election
The Department of State Services (DSS) has asked its counsel to seek an adjournment of the ongoing alleged cyberbullying case against African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 presidential election.
The proposed move, according to sources close to the agency’s legal team, is intended to ensure that the pending case does not interfere with Sowore’s participation in the electoral process.
The case stems from social media posts in which Sowore referred to President Bola Tinubu as a “criminal.”
The DSS had approached the Federal High Court seeking a determination on whether it was lawful for Sowore or any other individual to describe the President or another person as a criminal.
The agency also asked the court to interpret related issues, including the legality of Professor Pat Utomi’s proposed “Shadow Government.”
However, with campaigns for the 2027 presidential election now underway, the DSS has directed its private counsel, Akinlolu Kehinde, SAN, to request an adjournment of the proceedings until after the January 16, 2027, presidential election.
A source familiar with the matter said the decision followed a meeting on August 20 between DSS Director-General Tosin Ajayi, Kehinde and senior officials in the agency’s legal directorate.
The meeting took place a day after the Independent National Electoral Commission (INEC) officially lifted the ban on campaigns.
According to the source, Ajayi told the legal team that it would be fair to allow Sowore to exercise his constitutional right to contest the presidential election without the pending case becoming an impediment to his campaign.
“The DSS boss reportedly told the Senior Advocate and his directorate of legal services that, with the commencement of presidential campaigns, it would only be fair to adjourn the court case in order to enable Sowore fully participate in the upcoming elections without let or hindrance,” the source said.
The proposed adjournment marks a notable shift in the DSS’s handling of the matter.
The agency had earlier pursued the case after Sowore declined to remove the social media posts despite a seven-day ultimatum issued by the service.
Following the expiration of the ultimatum, the DSS approached the court on September 16, 2025, seeking judicial determination of the issues surrounding the posts.
In a September 6, 2025 letter to Meta, the parent company of Facebook, the DSS had also argued that its responsibility to protect the President extended beyond physical threats to what it described as psychological attacks.
However, almost a year after the case was instituted, the agency now believes that continuing the proceedings during the election campaign could unnecessarily affect Sowore’s ability to participate fully in the presidential contest.
The source said Ajayi was of the view that the case had already been before the court for nearly a year and that postponing the proceedings for a few additional months would not materially affect the matter.
“The DSS boss told the lawyers that, since the matter had been in court for nearly a year, suspending it for another few months wouldn’t make much difference,” the source said.
The development may also form part of a broader review by the DSS of cases involving individuals contesting elective positions in the 2027 elections.
According to the source, the agency is reviewing cases involving other candidates to determine whether similar considerations should apply.
The DSS is expected to formally approach the Federal High Court for the adjournment when the court resumes normal proceedings on September 14, 2026, following its annual judicial vacation.
Kehinde, SAN, confirmed the development when contacted.
He said the proposed adjournment reflected what he described as the “civilised approach” of the current DSS Director-General, adding that it was intended to promote a level playing field and give candidates an opportunity to participate fully in the electoral process.
“We will seek the indulgence of the court for the adjournment,” he said.
Source: Guardian
