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The Federal High Court sitting in Abuja, on Wednesday, declined to issue a bench warrant for the arrest of an activist and former presidential candidate of the African Action Congress, AAC, Omoyele Sowore.
The Department of State Services, DSS, sought Sowore’s arrest following his failure to appear before the court to face a five-count defamation charge it slammed against him.
Sowore was dragged before the court for calling President Bola Tinubu a “criminal” in a post he shared on social media platforms.
He was in the charge that was signed by the Director of Public Prosecutions, Federal Ministry of Justice, Mr. M. B. Abubakar, alleged to have committed 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 cited as 2nd and 3rd defendants in the charge marked: FHC/ABJ/ CR/ 484/2025, are the two social media platforms where the post was shared- ‘X’ Incorp (former Twitter) and Meta (Facebook) Incorp.
The contentious post Sowore made on August 25, came after President Tinubu, while on an official visit in Brazil, claimed his administration had successfully ended corruption in Nigeria.
Irked by the post that referenced President Tinubu as a “criminal,” the DSS wrote the two social media platforms to demand a ban on Sowore’s account, and for the said vexatious statement to be pulled down.
The security agency equally wrote a letter to the activist, asking him to delete the post from all the platforms its was shared.
The charge came after both Sowore and the social media platforms refused to accede to the request by the DSS.
According to the prosecution, the purpose of Sowore’s post was to cause a breakdown of law and order in the country, especially among individuals who hold divergent views on President Tinubu’s personality.
It added that the defamatory post was aimed to tarnish the personality and reputation of President Tinubu.
Among exhibits tendered before the court included a printout of Sowore’s posts on X and Facebook, as well as the letters DSS wrote to the two platforms.
When the case was called up on Wednesday, counsel to the DSS, Mr. Akinlolu Kehinde, SAN, urged the court to order Sowore’s arrest, noting that he was not available for his scheduled arraignment.
The prosecution counsel further noted that there was no legal representation for the defendant, though he acknowledged a letter from his lawyer, Mr. Deji Adeyanju, requesting for an adjournment.
On its part, counsel to the the 3rd defendant, Meta (Facebook) Incorp., Mr. Tayo Oyetibo, SAN, aligned himself with the prosecution’s request for a bench warrant to be issued against Sowore.
He told the court that Sowore accused the company of taking sides with the prosecution.
After he had listened to all the parties, trial Justice Mohammed Umar turned down the application on the premise that the 2nd defendant, X Corporation, through its lawyer, Christabel Ndiokwelo, complained that it had yet to get a copy of the charge though it was served the hearing notice.
Justice Umar held that the proceeding was not ripe for the issuance of a bench warrant against the 1st defendant.
Consequently, he directed that all the defendants should be duly served with the relevant processes, even as he adjourned the case till December 2 for arraignment.
One of the counts in the charge before the court, read: “That you, Omoyele Sowore, adult, male, on or about the 25th day of August, 2025, within the jurisdiction of this Honourable Court, did use your official X Handle page, @Yele Sowore, to send out a message/ tweet as : “THIS CRIMINAL @ OFFICIAL PBAT ACTUALLY WENT TO BRAZIL TO STATE THAT THERE IS NO MORE CORRUPTION UNDER HIS REGIME IN NIGERIA. WHAT AUDACITY TO LIE SHAMELESSLY”, which you know the said message to be false but posted it for the purpose of causing a breakdown of law and order in the country, especially among individuals who hold 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) and thereby committed an offence contrary to Section 24 (1) (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.” (VANGUARD)
