The Federal High Court in Abuja, on Wednesday, declined to issue a bench warrant for the arrest of activist and former presidential candidate of the African Action Congress (AAC), Omoyele Sowore.

The Department of State Services (DSS) had sought Sowore’s arrest following his failure to appear in court to face a five-count defamation charge filed against him.

Sowore is being prosecuted for allegedly calling President Bola Tinubu a “criminal” in a social media post.

In the charge, signed by the Director of Public Prosecutions, Federal Ministry of Justice, M. B. Abubakar, the defendant was accused of committing offences contrary to and punishable under Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, as well as Sections 59 and 375 of the Criminal Code Act.

Also joined as 2nd and 3rd defendants in the charge marked FHC/ABJ/CR/484/2025 are two social media platforms where the post appeared — X Corp (formerly Twitter) and Meta Platforms Inc. (Facebook).

The controversial post, made on August 25, 2025, came after President Tinubu, during an official visit to Brazil, claimed his administration had successfully ended corruption in Nigeria.

Angered by the post in which the president was referred to as a “criminal,” the DSS wrote to both social media platforms requesting that Sowore’s account be suspended and the post deleted. It also issued a letter to Sowore demanding that he remove the content from all his platforms.

After both Sowore and the social media companies ignored the requests, the DSS proceeded to file charges, alleging that the activist’s comments were intended to incite public disorder and tarnish the reputation of President Tinubu.

Exhibits tendered before the court included printed copies of Sowore’s posts and the DSS’s letters to the two platforms.

At Wednesday’s hearing, prosecution counsel Akinlolu Kehinde, SAN, urged the court to issue a bench warrant for Sowore’s arrest, citing his absence and lack of representation. He, however, acknowledged a letter from Sowore’s lawyer, Deji Adeyanju, requesting an adjournment.

Counsel to the 3rd defendant, Meta Platforms Inc., Tayo Oyetibo, SAN, supported the request for the bench warrant, noting that Sowore had accused the company of siding with the prosecution.

However, Justice Mohammed Umar declined to issue the warrant, holding that X Corp’s lawyer, Christabel Ndiokwelo, informed the court that the company had not yet received a copy of the charge, although it was served a hearing notice.

The judge ruled that the matter was not ripe for a bench warrant and ordered that all defendants be properly served with relevant court processes. The case was adjourned to December 2, 2025, for arraignment.

One of the counts in the charge reads:
“That you, Omoyele Sowore, on or about August 25, 2025, within the jurisdiction of this Honourable Court, did use your official X handle, @YeleSowore, to post the following message: ‘THIS CRIMINAL @OFFICIALPBAT ACTUALLY WENT TO BRAZIL TO STATE THAT THERE IS NO MORE CORRUPTION UNDER HIS REGIME IN NIGERIA. WHAT AUDACITY TO LIE SHAMELESSLY,’ which you knew to be false but published to cause a breakdown of law and order in the country, particularly among individuals holding divergent views on the personality of the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, Bola Ahmed Tinubu (GCFR), thereby committing an offence contrary to Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.”

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