Court Orders Omoyele Sowore to Open Defence as FG Proves Prima Facie Cybercrime Case

The Federal High Court in Abuja on Friday ruled that activist and former African Action Congress (AAC) presidential candidate Omoyele Sowore has a case to answer in a two-count cybercrime charge filed by the Department of State Services (DSS).

Delivering the ruling, Justice Mohammed Umar held that the security agency had successfully established a prima facie case, thereby requiring Sowore to enter his defence. The court consequently dismissed his no-case submission, in which he had sought to be discharged and acquitted.

Sowore is standing trial over a social media post in which he referred to President Bola Ahmed Tinubu as a “criminal.” He had argued that the DSS failed to present credible evidence linking him to the alleged offence, and that the prosecution did not establish a prima facie case. He also claimed the failure to call key witnesses weakened the case against him.

However, DSS counsel, Mr Akinlolu Kehinde (SAN), urged the court to dismiss the application, insisting that sufficient evidence had been presented to warrant a defence.

Justice Umar agreed with the prosecution and ordered Sowore to open his defence, fixing May 19 for the hearing to commence.

Dissatisfied with the ruling, 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 impartiality. The court, however, directed that a formal application be filed since the request was made orally.

Sowore was initially arraigned on December 2, 2025, in charge marked FHC/ABJ/CR/484/2025. He pleaded not guilty to the charges, which were brought under Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

The prosecution alleges that Sowore’s posts on August 25, 2025, were made in response to President Tinubu’s statement in Brazil claiming his administration had ended corruption in Nigeria. The DSS argued that the posts were capable of causing a breakdown of law and order and damaging the President’s reputation.

Following the post, the DSS reportedly demanded that X (formerly Twitter) and Meta Platforms Inc. remove Sowore’s accounts and delete the content. It also wrote directly to Sowore requesting that he take down the posts from all platforms. His failure to comply led to the filing of the charges.

The prosecution tendered printed copies of the posts and official DSS correspondence as evidence. Although X Inc. and Meta were initially listed as co-defendants, they were later removed in an amended charge.

The amended charge alleges that Sowore knowingly or intentionally transmitted messages via his X handle @YeleSowore and Facebook account, describing President Tinubu as a “criminal” and claiming he lied about corruption in Nigeria during a visit to Brazil. The prosecution argues that the posts were false, capable of causing public disorder, and posed a threat to life, constituting cyberstalking under the Cybercrimes Act.


Elijah Adeyemi