DSS Files Criminal Charges Against Sowore Over Posts on Tinubu

The Department of State Services (DSS) has filed a five-count criminal charge against Omoyele Sowore, the presidential candidate of the African Action Congress (AAC) and convener of the #RevolutionNow movement, over a series of social media posts criticizing President Bola Ahmed Tinubu.

The charges were filed at the Federal High Court in Abuja and also list social media giants X Corp and Meta Inc. as co-defendants for allegedly failing to remove the posts in question.

Ultimatum Ignored

The DSS action follows a one-week ultimatum it issued to Sowore on September 8, demanding he delete what the agency described as “false, malicious, and inciting” posts on X and Facebook. The posts accused President Tinubu of lying during a public appearance in Brazil about the state of corruption in Nigeria.

Sowore, a well-known human rights activist and vocal critic of successive Nigerian governments, refused to comply. Neither X Corp nor Meta took action to remove the posts or deactivate his accounts, setting the stage for the criminal proceedings.

Legal filings seen by reporters show that the government is accusing Sowore of intentionally spreading false information capable of causing public disorder, defaming the president, and violating Nigeria’s Cybercrimes (Prohibition, Prevention, etc.) Amendment Act of 2024.

Details of the Charges

According to court documents, the five-count charge includes:

• Cybercrime Offences: The DSS alleges that Sowore knowingly published false statements about President Tinubu with the intent to cause unrest and discredit the administration.
• Defamation: Two separate counts accuse him of defaming the president by calling him a “criminal” in the posts.
• Public Disturbance: The fifth count claims that the posts were intended to incite fear and disrupt public peace.

The charges were filed by Muhammed Abubakar, a Director of Public Prosecutions at the Federal Ministry of Justice, alongside DSS legal representatives.

If convicted, Sowore could face fines, imprisonment, or both under the Cybercrimes Act and the Criminal Code.

Political and Legal Implications

This development is likely to reignite debates about freedom of speech in Nigeria and the use of cybersecurity laws to prosecute critics of government. Sowore, who has a history of confrontations with Nigerian authorities, has previously been arrested and detained over his activism and protests.

Legal analysts suggest the case will test the balance between government efforts to curb misinformation and the constitutional right to free expression. “This is not just about one man’s tweet,” said a constitutional lawyer in Abuja. “It’s about whether political criticism, even when harsh, can be criminalized under the guise of national security.”

Supporters of the government argue that unchecked false claims can destabilize the country, especially in a tense political climate. However, civil rights groups are already raising concerns about what they see as a growing pattern of silencing dissent.

Next Steps in Court

The Federal High Court is expected to set a date for Sowore’s arraignment in the coming days. Sources close to the AAC leader say he intends to plead not guilty and challenge the legality of the charges.

In a brief response posted on X shortly after news of the filing broke, Sowore maintained that his comments were protected under freedom of speech and vowed to continue “speaking truth to power.”

The inclusion of X Corp and Meta as co-defendants could also create international attention, as it raises questions about whether global social media companies can be held liable for user-generated content in Nigeria.

For now, the case underscores the Tinubu administration’s increasingly assertive approach to online speech and its determination to confront critics who it claims are spreading falsehoods that could undermine governance.

See also: Nigeria’s inflation brouhaha