The Federal High Court in Abuja ruled on Friday that activist and former African Action Congress (AAC) presidential candidate Omoyele Sowore has a case to answer on a two-count cybercrime charge filed by the Department of State Services (DSS).
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In a ruling delivered by Justice Mohammed Umar, the court held that the security agency had successfully established a prima facie case warranting him to open his defence.
The judge consequently dismissed the no-case submission that Sowore filed to be discharged and acquitted.
Sowore, who is on trial for calling President Bola Tinubu a “criminal” in a social media post, had argued that the DSS failed to adduce credible evidence linking him to the alleged offence.
He contended that the prosecution’s evidence did not establish a prima facie case and that the DSS’s failure to call vital witnesses was fatal to its case.
However, DSS counsel, Mr Akinlolu Kehinde, SAN, persuaded the court to dismiss the submission and direct Sowore to open his defence, arguing that the evidence provided sufficient grounds for him to respond.
Justice Umar upheld the prosecution’s position and fixed May 19 for the defence to commence.
Dissatisfied, Sowore’s legal team, led by Mr Marshall Abubakar, orally requested that the judge recuse himself and return the case file to the Chief Judge for reassignment, citing a lack of confidence in his ability to preside objectively.
Justice Umar directed them to file a formal application, given that the request was oral.
Sowore, arraigned on December 2, 2025, in charge marked FHC/ABJ/CR/484/2025, pleaded not guilty.
The charges allege offences under Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.
The posts, dated August 25, 2025, responded to President Tinubu’s claim in Brazil that his administration had ended corruption in Nigeria.
Irked, the DSS demanded that X Inc. (formerly Twitter) and Meta Platforms Inc. ban Sowore’s accounts and remove the posts.
The security agency also wrote to Sowore, asking him to delete the post from all platforms.
Non-compliance with the request led to the charges.
The prosecution claims the defamatory posts were intended to cause a breakdown of law and order and tarnish the President’s reputation.
Exhibits include post printouts and DSS letters.
X Inc. and Meta were initially co-defendants but were delisted in the amended charge, which states:
“That you, Omoyele Sowore, adult male, on or about August 25, 2025, within the jurisdiction of this Honourable Court, knowingly or intentionally sent a message by means of a computer system or network, to wit, your official X (formerly Twitter) handle @YeleSowore, stating, ‘This criminal @officialABAT actually went to Brazil to state that there is NO MORE corruption under his regime in Nigeria. What audacity to lie shamelessly!’ which message you knew to be false and posted to cause a breakdown of law and order in Nigeria, posing a threat to life, thereby committing cyberstalking contrary to Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024, punishable under the same section.
“That you, Omoyele Sowore, adult male, on or about August 25, 2025, within the jurisdiction of this Honourable Court, knowingly or intentionally sent a message by means of a computer system or network, to wit, your official Facebook handle @YeleSowore, stating, ‘This criminal @officialABAT actually went to Brazil to state that there is NO MORE corruption under his regime in Nigeria. What audacity to lie shamelessly!’ which message you knew to be false and posted to cause a breakdown of law and order in Nigeria, posing a threat to life, thereby committing cyberstalking contrary to Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024, punishable under the same section.”
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