DSS testifies in EFCC chair’s defamation trial

A prosecution witness from the Department of State Services on Wednesday told the Federal High Court how investigators examined the phone and Facebook account of Moses Oddiri over alleged defamatory posts against the Chairman of the Economic and Financial Crimes Commission, Ola Olukoyede.

The witness, Yusuf Adams, who said he is a personnel of the DSS attached to the Economic Intelligence and Investigation Department, testified before Justice Joyce Abdulmalik as the first prosecution witness.

Adams told the court that he became aware of the defendant during the investigation of a petition written by the EFCC.

According to him, on September 23, 2025, the DSS received a petition from the anti-graft agency alleging that Oddiri had published and circulated on social media false claims that Olukoyede embezzled over ₦4bn, being royalties released by Heritage Operational Services Limited in favour of the Orogun Community in Delta State and allegedly recovered by the commission.

“Based on this, my director instructed me and my team to investigate the matter,” he said.

The witness disclosed that Oddiri was arrested on November 10, 2025, in Lagos and subsequently brought to the DSS office for interview.

He said the interview session was audio-visually recorded in the presence of a legal aid counsel and that the defendant volunteered a statement under caution.

Adams further told the court that during the investigation, the team examined the defendant’s Facebook page and downloaded several videos in which he allegedly accused the EFCC chairman of intercepting and stealing the ₦4bn royalty payment meant for the Orogun Community.

He said investigators also requested bank documents as well as incorporation documents from the Corporate Affairs Commission relating to community development entities operating OML 30 in Delta State.

According to him, the team obtained copies of a letter of admonishment from the EFCC in response to a petition earlier submitted by the defendant, which accused the EFCC chairman and was addressed to the Serious Fraud Office in the United Kingdom.

He added that the DSS also reviewed a letter written by Wahab Shittu (SAN), counsel for the EFCC chairman, demanding a retraction of the allegation.

“We thereafter submitted a preliminary report to our superior,” Adams told the court.

He said following the recommendations in the report, the service requested further information from the Nigerian Upstream Petroleum Regulatory Commission, the petroleum industry regulator.

Earlier in the proceedings, prosecution counsel, C.S. Orubor, informed the court that the matter was slated for commencement of trial and hearing of the defendant’s bail application.

“We are ready to proceed and our witness is in court,” Orubor said.

However, defence counsel, M. Adeniran, objected to the commencement of trial, arguing that he had no access to his client, who he said had remained in DSS custody.

“The defendant has been in detention and we have not had access to him to enable him brief us properly,” Adeniran told the court.

He maintained that the alleged denial of access hampered preparation for the defence, insisting that proceeding with trial would prejudice his client.

The defendant also addressed the court, stating that his counsel had not been adequately briefed on the facts of the case.

But the prosecution opposed the objection, insisting that all relevant materials had been duly served on the defence.

“It is unfortunate that my learned friend is trying to mislead the court. He has been fully served with all the materials the prosecution intends to rely on. He was in court on the last adjourned date and is aware of today’s proceedings,” Orubor said.

After confirming that the defence had been served with the charge and that it was properly endorsed, Justice Abdulmalik directed that the trial should commence.

The court subsequently adjourned till March 13, 2026, for continuation of trial and hearing of the bail application.

Oddiri was arraigned on a two-count charge bordering on alleged cybercrimes under Section 24(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.

In the first count, the prosecution alleged that on or about September 17, 2025, at Surulere, Lagos State, the defendant used his Facebook handle, “Moses Oddiri,” to publish a post titled, “This thieving EFCC Chairman Olukoyede, of over 4 billion naira Orogun oil community funds paid by Heritage Oil is also being reported to Heritage owners across the globe…”.

The prosecution alleged that the defendant knew the content of the message to be false but posted it to cause annoyance, inconvenience, insult and injury to the EFCC chairman.

The second count relates to an alleged letter said to have been sent in October 2025, accusing the EFCC chairman and the Managing Director of Heritage Energy Operational Services Limited of conspiring to steal over ₦4bn belonging to indigenes of Orogun oil-producing community in Delta State.

The offences are said to be contrary to and punishable under Section 24(1) of the Cybercrimes Act, 2024.

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