The Department of State Services (DSS) has reportedly directed its legal team to seek a temporary suspension of the alleged cybercrime case against African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 presidential election.

The move, according to a report by Vanguard, is intended to allow Sowore to participate fully in the election campaign without the ongoing court proceedings serving as a hindrance.

The 2027 presidential election is scheduled for January 16, 2027, while the Independent National Electoral Commission (INEC) lifted restrictions on presidential campaign activities on August 19, 2026.

A source familiar with the DSS legal team said the agency’s Director-General, Tosin Ajayi, met with its lead counsel, Akinolu Kehinde, SAN, and senior officials of the legal directorate on August 20 to deliberate on the matter.

According to the source, Ajayi told the lawyers that, with political campaigns now underway, it would be appropriate to temporarily halt the proceedings and allow Sowore to engage in the electoral process without legal distractions.

The source said the DSS Director-General also noted that the case had already spent almost a year before the court and that postponing further proceedings for about four months would not significantly affect the matter.

The agency is expected to formally inform the Federal High Court of its position when the court resumes from its annual vacation on September 14, 2026.

HOW THE CASE STARTED

The legal dispute followed social media publications by Sowore in which he described President Bola Tinubu as a criminal.

The DSS had initially ordered Sowore to delete the posts within seven days. Following his refusal, the agency approached the Federal High Court on September 16, 2025, seeking a judicial interpretation of the legality of such a description.

The service said its objective was to obtain clarification on whether referring to the President or any other person as a criminal amounted to an unlawful act.

The DSS also reportedly referenced its previous legal action concerning Professor Pat Utomi’s proposed “Shadow Government” while making its case for judicial clarification.

In a September 6, 2025 communication to Meta, the DSS argued that its constitutional responsibility to safeguard the President was not limited to physical threats but also covered psychological attacks.

The matter has subsequently been marked by several disagreements between the prosecution and Sowore’s defence team.

LAWYERS CLASH OVER COURT PROCEEDINGS

The latest courtroom confrontation occurred on August 3, when DSS counsel Akinolu Kehinde and Sowore’s lead counsel, Adeyinka Olumide-Fusika, SAN, engaged in a heated disagreement.

The dispute centred on the defence’s demand for a Certified True Copy of a prosecution witness’s summary report, which the defence said was necessary for the proper presentation of its case.
Kehinde accused the defence of deliberately delaying proceedings and asked the court to close its case, arguing that the defence had repeatedly failed to present its witness.

Olumide-Fusika disputed the claim, insisting that the delay was caused by the court registry’s failure to release documents that had already been approved.

Tensions rose further when the defence lawyer accused the prosecutor of repeatedly making derogatory remarks and acting like a “persecutor.”

The presiding judge subsequently intervened, cautioned both lawyers and adjourned the matter to September 20 for continuation of the defence’s case.

FAGBEMI’S INTERVENTION SPARKS ANOTHER DISPUTE

The proposed suspension comes shortly after another disagreement involving the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN.

On July 28, Sowore’s defence team objected to Fagbemi’s unexpected appearance in the case over a subpoena issued to DSS Director-General Tosin Ajayi, who was expected to testify for the defence.

The defence questioned the legal procedure through which the Attorney-General sought to participate in the proceedings.
Fagbemi, however, maintained that the Constitution empowers him to take over or intervene in criminal proceedings.

The court later directed that a representative of the DSS Director-General appear in place of Ajayi.

With Sowore now preparing to campaign as the AAC’s presidential candidate, the DSS’s reported decision to seek a temporary halt in the proceedings could bring a pause to the legal battle until after the 2027 presidential election.