The Department of State Services (DSS) has directed its counsel, Akinolu Kehinde, SAN, to take steps towards suspending the ongoing alleged cybercrime case against the African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 presidential election.
According to Vanguard, the secret police wants the proceedings suspended until after the presidential election scheduled for January 16, 2027, in order to allow Sowore to participate fully in the electoral process.
The development comes shortly after the Independent National Electoral Commission (INEC) lifted the ban on presidential campaign activities on August 19, 2026, effectively opening the way for candidates and political parties to commence full-scale campaigns ahead of the 2027 general elections.
A source close to the DSS legal team told Vanguard that the agency’s Director-General, Tosin Ajayi, met with Kehinde and senior officials of the DSS Directorate of Legal Services on August 20 to discuss the possibility of putting the proceedings on hold.
According to the source, Ajayi told the Senior Advocate of Nigeria and other legal officials that the commencement of presidential campaigns made it necessary to consider pausing the case so that Sowore could participate in the election without what the agency described as let or hindrance.
“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 pause the court case in order to enable Sowore fully participate in the upcoming elections without let or hindrance,” the source said.
The source further disclosed that the DSS Director-General argued that the case had already remained before the court for almost a year and that suspending it for another four months would not make a significant difference.
The agency is expected to formally communicate its position to the Federal High Court when proceedings resume on September 14, 2026, following the annual judicial vacation.
The case stems from social media publications attributed to Sowore in which he referred to President Bola Tinubu as a criminal.
Following the posts, the DSS had reportedly given Sowore seven days to delete them. Sowore declined to comply with the directive, prompting the agency to approach the Federal High Court on September 16, 2025, seeking a judicial determination of the matter.
The DSS said its action was aimed at obtaining judicial clarification on whether it was lawful for Sowore, or anyone else, to describe President Tinubu or another individual as a criminal.
The agency had also reportedly relied on its earlier approach to the court concerning Professor Pat Utomi’s proposed “Shadow Government” as part of the basis for seeking judicial interpretation.
In a letter dated September 6, 2025, and addressed to Meta, the parent company of Facebook and Instagram, the DSS reportedly argued that its statutory responsibility to protect the President extended beyond physical threats to include psychological attacks.
The case has since witnessed contentious proceedings, with prosecution and defence lawyers repeatedly clashing over issues surrounding the trial.
On August 3, proceedings were disrupted following a heated exchange between DSS counsel, Kehinde Akinlolu, and Sowore’s lead counsel, Adeyinka Olumide-Fusika, SAN.
The disagreement followed the defence team’s request for a Certified True Copy of the summary report of a prosecution witness, which the defence said was necessary for the proper conduct of its case.
Akinlolu accused the defence of employing “dilatory tactics” and urged the court to close the defence’s case, arguing that the defence had repeatedly failed to produce its witness.
Olumide-Fusika rejected the allegation, explaining that the delay was caused by the court registry’s failure to release documents that had already been approved.
The disagreement escalated when the defence lawyer accused the prosecutor of repeatedly using derogatory language against him and of “behaving like a persecutor.”
The trial judge subsequently intervened, cautioned both lawyers and adjourned the matter until September 20 for continuation of the defence’s case.
The proposed suspension would therefore come at a critical stage of the proceedings, with the case currently at the defence stage and Sowore preparing to campaign as the AAC presidential candidate in the 2027 election.
The case had also witnessed another major development on July 28 when the defence objected to the surprise appearance of the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, in the proceedings.
Fagbemi had appeared in connection with a subpoena issued to the DSS Director-General, Tosin Ajayi, who was expected to testify as a defence witness.
Sowore’s defence team challenged the procedure through which the Attorney-General sought to intervene in the case, while Fagbemi maintained that he possessed constitutional powers to take over or intervene in criminal proceedings.
Following arguments from both sides, the court directed that a representative of the DSS Director-General should appear instead.
With the presidential campaign season now underway, the proposed suspension of the case could alter the immediate course of the trial and remove the proceedings as a potential constraint on Sowore’s campaign activities.
The DSS is expected to formally state its position before the Federal High Court when the court resumes after its annual vacation on September 14, 2026.