Justice Mohammed Umar of the Federal High Court in Abuja has set aside the subpoena issued at the instance of activist Omoyele Sowore against the Department of State Service lawyer, Akinlolu Kehinde, in the alleged cyberbullying trial.
Delivering the ruling, Justice Umar held that lawyers owe their clients a strict duty of confidentiality, and generally cannot be compelled to disclose communications relating to legal representation.
Justice Umar further held that a lawyer may only be compelled to testify in limited circumstances, including where the evidence concerns an uncontested matter or an issue that would not adversely affect the client.
Following the ruling, defence counsel, Ruben Adakole, informed the court of the defence’s intention to subpoena APC chieftain, Joe Igbokwe, and INEC Chairman, Professor Joash Amupitan.
The court subsequently ordered that subpoenas be issued for the proposed witnesses.
Justice Mohammed Umar subsequently adjourned the trial to November 11 for the appearance of the subpoenaed defence witnesses.