Falana tackles DSS’ witness for giving statement to ‘ambush’ Sowore

Femi Falana, lawyer to Omoyele Sowore, #RevolutionNow convener, on Wednesday, said the federal government intended to ambush his client with the evidence given in court by a witness.

At the trial at a federal high court in Abuja, Ijeoma Ojukwu, the judge, ordered the federal government to call its first witness despite a pending application to mask the faces of witnesses by the prosecution.

Sowore through his counsel had opposed the application for witness protection.

He contended in a counter-affidavit that the prosecution had no basis to request witness protection since the identities of the witnesses listed are already in the public domain.

Rasheed Olawale, an operative of the Department of State Services (DSS), was the first witness called.

Olawale said he is a “principal staff officer in charge of surveillance and communication intelligence”.

“As part of my duties, I am charged to prevent and investigate any threat against national security,” he said.

Describing how he met Sowore, Olawale said his team was directed to arrest the defendant after they “received an intelligence report that he (Sowore) had planned to carry out a revolution on August 5, 2019, by revolting along with his associate against the democratic government of Nigeria throughout the federation”.

He said the activist was later arrested around 1 am at Montana Residence and Hotel at 16 Oduduwa road GRA Ikeja, Lagos.

Speaking further, the witness said the agency’s “investigation report revealed that Sowore was in Maryland with his associates and cohorts, making graphic inscriptions tagged #RevolutionNow on the wall of Maryland bridge”.

“He was sensitising passers-by of the particular day for the protest and what they planned to do. He also claimed that the government of the day would cease to exist through the procession,” he said.

At this point, Falana raised an objection. He said the witness was starting to give evidence not contained in his earlier statement which was served on the defence team.

The senior advocate of Nigeria (SAN) said “the defendant is entitled to know the entirety of the case” which was why they demanded the full statement of the witnesses as enshrined in section 36(6) of the 1999 constitution as amended.

He said allowing the evidence would amount to an “ambush” on his client.

He asked the court to direct the prosecution counsel to limit the witness to his earlier statement.

Responding, Aminu Alilu, the prosecution counsel, argued that the law allows them to only serve a “summary” of a witness statement on the defence.

He asked the court to allow the witness continue with his evidence as the defence team would also get the opportunity to cross-examine the witness.

But the judge ruled that the witness was giving his testimony outside the scope of his written statement.

She said though the witness does not have to use the exact words used in his written statement, he is limited to the scope of evidence adduced.

Consequently, she ordered the prosecution to go back and reproduce the statements of all the witnesses.

The judge also said she would rule on the application seeking witness protection on the next adjourned date.

The case was adjourned till April 1 and 2 for continuation of trial.

Sowore and Olawale Bakare are standing trial on a two-count charge of treasonable felony.