The Department of State Services (DSS) has directed its private counsel, Akinlolu Kehinde, SAN, to seek an adjournment of the alleged cyber-bullying case against African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 presidential election.
The development followed a decision by the DSS leadership to ensure that Sowore, who is contesting the presidential election, is able to fully participate in the electoral process without being hindered by the ongoing court proceedings.
The DSS had approached the Federal High Court seeking judicial determination on whether Sowore committed an offence by allegedly referring to President Bola Tinubu as a “criminal” in posts published on his X handle and Facebook page on August 25, 2025.
The secret service said the case was intended to obtain judicial clarification on the propriety or otherwise of describing the President or any individual as a criminal, noting that it had similarly approached the court over the legality of Professor Pat Utomi’s proposed “Shadow Government.”
The DSS had, in a letter dated September 6, 2025, to the Chairman of Meta Corporation, maintained that its statutory responsibility extends beyond protecting the President from physical threats to also safeguarding him against psychological attacks.
Following the publication of the posts, the DSS gave Sowore seven days to remove them. After he reportedly declined to comply with the directive, the agency, rather than inviting or arresting him, approached the court on September 16, 2025, for judicial determination of the matter.
A source close to the DSS legal team disclosed that Director-General of the DSS, Tosin Ajayi, met with Kehinde, SAN, and senior officers in the agency’s Legal Directorate on August 20, 2026, a day after the Independent National Electoral Commission (INEC) officially lifted the ban on political campaigns.
According to the source, the meeting considered the possibility of asking the court to suspend proceedings in the matter to enable Sowore to exercise his constitutional right to contest the presidential election without 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 adjourn the court case in order to enable Sowore fully participate in the upcoming elections without let or hindrance,” the source said.
The source added that Ajayi was of the view that since the matter had already been before the court for nearly a year, suspending proceedings for a few more months would not materially affect its determination.
The position of the DSS is expected to be formally communicated to the Federal High Court from Monday, September 14, 2026, when the court is expected to resume normal sittings after the annual judicial vacation.
The source also disclosed that other cases involving political candidates are being reviewed by the agency with a view to ensuring a level playing field during the electoral period.
Confirming the development, Kehinde, SAN, said the decision was consistent with what he described as the civilised approach of the current DSS Director-General.
“Yes, the position is correct. It is in consonance with the civilised approach of the current DGSS, who will always ensure a level playing ground and opportunity for everyone. We will seek the indulgence of the court for the adjournment,” he said.
