Abuja Court Declines Subpoena Against DSS Counsel in Sowore Cyberbullying Case

The Federal High Court in Abuja has quashed a subpoena that sought to force Akinlolu Kehinde, a lawyer for the Department of State Services (DSS), to give evidence as a witness for the defence in the cyberbullying case against activist Omoyele Sowore. Delivering his ruling, Justice Mohammed Umar held that legal practitioners bear a firm obligation to keep their clients' confidences and are as a rule not compellable to reveal communications connected to the representation they provide. The judge noted that a lawyer may be called to testify only in narrow situations, such as where the testimony touches on a point that is not in dispute or would not work against the client's interests. Following the decision, Ruben Adakole, counsel for Sowore, informed the court that the defence planned to summon Joe Igbokwe, a chieftain of the All Progressives Congress (APC), and Professor Joash Amupitan, Chairman of the Independent National Electoral Commission (INEC), as witnesses. Justice Umar directed that subpoenas be issued for the two men and postponed proceedings to November 11, when they are expected to appear.