I don’t think activation lock applies here. Activation lock is only available on Macs with a T2 chip or M1. A 2008 Mac won’t have that.You need the Apple ID and password that the previous owner used, because it sounds like the Mac is still tied to his Apple ID. He needs to remove the activation lock from the Mac by properly signing out of the Mac (signing out of messages, FaceTime and Apple ID). Once he does that for you, you should be able to set up the Mac properly.