The Omoyele Sowore Cyberstalking Trial

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Case: Federal Republic of Nigeria (DSS) v. Omoyele Sowore Court: Federal High Court, Abuja — Hon. Justice Mohammed Garba Umar Status: Ongoing — ruling on no-case submission delivered; trial continuing.

This is a "Case to Watch" post, not a case summary — the matter is still before the court, with no final judgment yet. It's included here because of its significance to how Nigerian law treats online speech directed at public officials, an issue relevant well beyond this one case.

Background

Omoyele Sowore is the publisher of Sahara Reporters and has been a presidential candidate for the African Action Congress (AAC). In August 2025, he made posts on his X (formerly Twitter) and Facebook accounts referring to President Bola Tinubu as a "criminal," in the context of remarks Tinubu made in Brazil about the state of corruption under his administration.

The Department of State Services (DSS) subsequently brought charges against Sowore under the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2024. Following an amendment to the charges, Sowore was re-arraigned on 5 December 2025 on a two-count charge (case number FHC/ABJ/CR/484/2025), alleging that his posts were intended to cause a breakdown of law and order and posed a threat to life, constituting cyberstalking under Sections 24(1)(b) and 24(2) of the Act. Sowore has pleaded not guilty to the charges. X Inc. and Meta were initially listed as co-defendants but were removed in the amended charge.

The Legal Issues in Play

At its core, this case turns on where Nigerian cybercrime law draws the line between criticism of a public official — even harsh, unflattering criticism — and conduct that meets the statutory definition of cyberstalking. The prosecution's position is that Sowore's posts were knowingly false and intended to provoke a breakdown of law and order, meeting the specific elements the Cybercrimes Act requires. The defence's position is that the prosecution has not established a prima facie case connecting Sowore to the alleged harm the statute is meant to address, and that key witnesses who could support the charges were not called.

The case also raises a separate, related legal question that Sowore has pursued independently: he has filed a challenge against a DSS request to X to remove the post in question, arguing the matter implicates constitutional protections for freedom of expression.

What's Happened Procedurally So Far

  • The DSS's first prosecution witness testified in January 2026, and under cross-examination stated he had acted on internal DSS directives, not a formal complaint or directive from President Tinubu personally.
  • In February 2026, the trial judge declined to admit certain documents the defence sought to tender.
  • Sowore's defence team has sought to have the DSS Director-General and a presidential spokesperson testify as witnesses.
  • In April 2026, Sowore's counsel filed a no-case submission — a formal application asking the court to dismiss the charges on the basis that the prosecution's evidence, even taken at its highest, doesn't support a conviction.
  • On 8 May 2026, the court ruled on that submission, finding Sowore had a case to answer, meaning the trial proceeds rather than being dismissed at this stage. This is a procedural ruling on whether the case continues — it is not a finding of guilt, and no verdict has been reached.
  • In June 2026, Sowore's bail was reportedly revoked and later reinstated following further applications by his legal team, and the matter has continued to proceed through further hearings on his defence.

Why This Case Matters Beyond Sowore Himself

Regardless of its eventual outcome, this case is being closely watched because it will help clarify how Nigeria's relatively new Cybercrimes Act framework applies to political speech about public officials — a question with implications for journalists, activists, and ordinary social media users well beyond this specific defendant. A future post will follow once the trial reaches a final judgment.

A Note on This Post

Because this matter is unresolved, this post deliberately avoids drawing any conclusion about guilt, innocence, or the merits of either side's position — that determination belongs to the court, not to commentary written while the case is still being heard. It also reflects the state of reporting available as of the sources reviewed; given how actively this case has continued to move, readers should check for more recent developments before treating any procedural detail above as current.

This post is based on publicly available news reporting of an ongoing criminal matter and is intended for general informational purposes only. It does not constitute legal advice, and nothing in it should be read as an assessment of the case's merits.

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