The revelation came during cross-examination by defence counsel Abubakar Marshal before Justice Mohammed Umar, drawing laughter in the courtroom and surprising many observers.
A key witness for the Department of State Services (DSS), Mr. Cyril Nosike (PW1), on Tuesday told the Federal High Court in Abuja that he had received no directive from President Bola Ahmed Tinubu to file charges against human rights activist and former African Action Congress (AAC) presidential candidate, Omoyele Sowore, in the ongoing cyberstalking trial.
The revelation came during cross-examination by defence counsel Abubakar Marshal before Justice Mohammed Umar, drawing laughter in the courtroom and surprising many observers.
Nosike admitted under oath that he did not act on any instruction from President Tinubu, whom the DSS had presented as the complainant in the case.
He further disclosed that the DSS initiated the charges independently, following internal agency directives, and confirmed that the President had not lodged any formal complaint alleging defamation or cyberstalking against Sowore.
According to the witness, he “did not act on behalf of the President” but rather followed institutional decisions taken by the DSS.
During further questioning, the witness revealed he was unaware that Sowore’s 2019 trial had been published on the DSS website, and he did not know about a Federal High Court judgment directing the DSS to release three mobile phones seized from Sowore.
At that point, defence counsel sought and obtained the court’s permission to tender a Certified True Copy (CTC) of the judgment delivered by Justice Emeka Nwite on February 19, 2024, which ordered the DSS to release Sowore’s mobile phones.
The order has yet to be complied with. The court admitted the judgment into evidence.
The prosecution witness further exposed inconsistencies in his testimony when he was questioned on a video recording allegedly showing President Tinubu in Brazil.
Nosike said he was not the one who recorded the video and he did not know the exact location in Brazil where it was filmed.
The contradictions in the witness’s testimony cast doubt on the prosecution’s case, with the defence team telling the court that their cross-examination was not yet complete.
Attempts by the prosecution to downplay the defence’s questions and evidence were unsuccessful.
The court has adjourned the case to February 4, 2026, for continuation of proceedings.