THE arraignment of human rights activist and publisher of Sahara Reporters, Omoyele Sowore, stalled on Tuesday, September 30, at the Federal High Court in Abuja, following the failure of the prosecution to properly serve him with the charges.
The government, through the State Security Services (SSS), had filed a five-count charge against Sowore for allegedly publishing false and defamatory statements against President Bola Ahmed Tinubu on his verified X handle and Facebook page in August 2025. Also listed as defendants in the case are X Corporation, owners of the social media platform X, and Meta Platforms Inc., operators of Facebook.
At the resumed hearing on Tuesday, Sowore’s counsel, Marshal Abubakar, objected to the arraignment, insisting that his client had not been served with the charges. He argued that since it was a joint charge involving multiple defendants, all parties must be served before proceedings could commence.
Prosecution counsel, Mohammed Babadoko Abubakar, the Director of Public Prosecutions of the Federation (DPPF), countered the claim, maintaining that service had been effected.
However, after examining the case file, the presiding judge, Mohammed Umar, ruled that Sowore had not been personally served, though the other defendants had received the charges electronically.
The court thereafter ordered that Sowore be served in open court. He accepted the service but invoked his right to a minimum of three days to study the charge and prepare his defence. The court granted the request and adjourned the matter to October 27 for arraignment.
During the session, counsel to Meta, Tayo Oyetibo, a senior advocate, also confirmed that his client had just been served in court and queried why Meta was included in the suit since no specific count was directed against it. X Corporation was not represented in court.
The charges against Sowore stem from posts he made on August 25 and 26, 2025, in which he referred to President Tinubu as a ‘criminal’ and accused him of falsely claiming during an official trip to Brazil that corruption no longer existed in Nigeria. The government alleges that the posts violated Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and Sections 375 and 59 of the Criminal Code Act.
According to the charge sheet, Sowore was accused of using social media platforms to incite public disorder and tarnish the president’s reputation. The prosecution contended that the statements were false and intended to cause fear and unrest.
Before approaching the court, the SSS had written to X Corporation and Meta, demanding the removal of Sowore’s posts and suspension of his verified accounts. The agency also directed Sowore to retract the statements, issue public apologies on social media and in two national newspapers and make a formal representation to its headquarters. Sowore refused, describing the order as unlawful.
In a letter to the SSS on September 12, 2025, the activist said the agency lacked the legal authority to compel him to retract his criticisms of the president. He cited the 1985 Court of Appeal judgment in Arthur Nwankwo v. State, which declared criminal defamation unconstitutional, and invoked his rights under Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.
Sowore, who has previously contested Nigeria’s presidential elections on the platform of the African Action Congress (AAC), said he would not be deterred from holding leaders accountable.
The case will resume on October 27 when Sowore and the co-defendants are expected to take their pleas.
A reporter with the ICIR
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