Defence Counsel Admits Unfamiliarity With Evidence Act Provision During Court Proceedings
The Federal High Court in Abuja has reserved its ruling on an objection by the Department of State Services (DSS) to a subpoena issued by the defence team of activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
The court adjourned the matter until Tuesday after hearing arguments from both the prosecution and defence.
During Monday’s proceedings, Treasure Adefisoye, a member of Sowore’s legal team, admitted under cross-examination that she was unfamiliar with Section 83(3) of the Evidence Act.
The exchange occurred after the defence sought to tender printed copies of online media reports alleging that the DSS was considering suspending Sowore’s cyber-bullying trial until after the January 16, 2027 presidential election.
The DSS lead prosecution counsel, Akinlolu Kehinde, SAN, objected to the admission of the documents and questioned Adefisoye about the relevant provision of the Evidence Act.
When asked to read the section, the defence counsel stated that it addresses the admissibility of statements made by interested persons when legal proceedings are pending or anticipated over a disputed fact.
Adefisoye is part of the defence team led by Olumide Fusika, SAN.
Sowore is facing a cyber-bullying charge instituted by the DSS over an August 2025 social media post in which he allegedly described President Bola Tinubu as a “criminal.” He has recently commenced presenting his defence in the case.
Meanwhile, the prosecution challenged the subpoena issued by the defence seeking to compel its lead counsel to testify as a defence witness. The DSS argued that the subpoena was issued in bad faith, was intended to divert attention from the proceedings and was inconsistent with the law and established judicial practice.
Justice Muhammad Umar adjourned the matter until Tuesday for a ruling on the objection.
