The Department of State Services has instructed its private counsel, Akinlolu Kehinde, SAN, to ask the Federal High Court for an adjournment in its case against African Action Congress presidential candidate Omoyele Sowore. The service wants the matter put on hold until after the next presidential election scheduled for January 16, 2027.
The suit stems from posts Sowore made on August 25, 2025 on X and Facebook. In those posts he referred to President Bola Tinubu as a “criminal.” The DSS approached the court to get a judicial determination on whether it is proper for anyone to publicly label the President or any individual a criminal in that manner.
In a letter dated September 6, 2025 to the chairman of Meta, the DSS said its responsibilities extend beyond physical protection of the President. It argued that, by law, it is also empowered to protect the President from what it described as psychological attacks. 
After the posts went up, the DSS gave Sowore seven days to take them down. When he did not comply, the secret police filed the case directly on September 16, 2025. It did so without first inviting or arresting him, and asked the court to adjudicate.
The service drew a parallel with another matter it brought before the court concerning Professor Pat Utomi’s “Shadow Government.” In both instances, the DSS said it is seeking judicial interpretation on the boundaries of political speech and actions.
A source familiar with the legal team said DG Tosin Ajayi met with Kehinde and senior officers in the DSS legal directorate on August 20. That meeting came a day after INEC officially lifted the ban on campaigns. The purpose was to consider asking the court to adjourn so Sowore could contest without interference.
According to the source, Ajayi told the lawyers that with campaigns now underway, it would only be fair to pause the case. He noted the matter has been in court for nearly a year, and suspending it for a few more months would not make much difference. The formal request is expected to be filed from Monday, September 14, 2026 when the court resumes after its annual vacation. The DSS said it is also reviewing similar cases involving other candidates.
When contacted, Kehinde, SAN confirmed the decision. He said it aligns with what he called the civilized approach of the current DG, who wants to ensure a level playing ground for everyone. “We will seek the indulgence of the court for the adjournment,” he said.
