DSS logo and Omoyele Sowore
Socio-Economic Rights and Accountability Project (SERAP) has urged the government of President Bola Tinubu and the Department of State Services (DSS) to “immediately withdraw all bogus charges against journalist and activist Omoyele Sowore and end the continuing harassment and intimidation of him over his peaceful exercise of his human rights.”
SERAP said that “the reported decision by the DSS to seek an adjournment of the case until after the 2027 presidential election does not resolve the fundamental problem: the charges should never have been brought in the first place and must now be withdrawn.”
In a statement today signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The DSS cannot selectively pause a politically sensitive prosecution for electoral convenience while leaving the bogus charges hanging over Sowore. The appropriate response is to withdraw the charges altogether.”
SERAP said: “It is deeply troubling that the DSS reportedly considered suspending the case only after the commencement of the 2027 election campaign. The right to participate in public affairs and to criticise government officials cannot depend on the electoral calendar or the discretion of security agencies.”
According to SERAP, “The prosecution of Sowore over his social media comments concerning President Bola Tinubu amounts to an unacceptable use of criminal law and judicial processes to punish, intimidate or silence a prominent critic and political opponent.”
SERAP said: “Public officials, including the President, are subject to scrutiny and criticism in a democratic society. The mere fact that an expression is offensive, harsh, insulting or politically inconvenient does not, by itself, justify criminal prosecution.”
The statement, read in part: “The Tinubu government should not weaponise the Cybercrimes Act, criminal defamation provisions or other laws to suppress peaceful criticism, particularly as Nigeria approaches a general election.”
“Suspending the Sowore case until after the election is not enough. The bogus charges should be immediately withdrawn.”
“The continued prosecution of Sowore has a chilling effect far beyond his individual case. It sends a dangerous message to journalists, bloggers, activists, political opponents and millions of Nigerians that criticism of government officials may attract the attention of the security agencies and criminal prosecution.”
“International human rights standards do not permit governments to invoke criminal law as a tool for silencing dissent.”
“Nigerian authorities must refrain from unlawfully interfering with freedom of expression and must also protect individuals from harassment, intimidation and reprisals for exercising their rights.”
“The right to freedom of expression includes the right to criticise public officials and government policies. Political speech enjoys particularly strong protection because uninhibited public debate is indispensable to a democratic society.”
“The government must therefore tolerate a high degree of criticism, including criticism that may be considered harsh or offensive. Criminal prosecution should not be used as a substitute for political debate or as a mechanism for protecting public officials from criticism.”
“The Federal Government must also fully comply with the judgment of the ECOWAS Court of Justice, which in 2022 declared the former Section 24 of the Cybercrime Act arbitrary, vague and repressive, and ordered Nigeria to bring its cybercrime legislation into conformity with its human rights obligations.”
“The government cannot invoke cybercrime legislation to criminalise peaceful expression or suppress legitimate criticism of public officials.”
SERAP therefore urged President Tinubu to:
Immediately direct the Attorney General of the Federation and the DSS to withdraw all charges against Omoyele Sowore.
Direct the DSS and other security and law enforcement agencies to stop using criminal and judicial processes to harass, intimidate or silence journalists, activists, political opponents and other Nigerians peacefully exercising their rights.
Ensure that Sowore is able to participate fully and freely in political and public life without harassment, intimidation, arbitrary arrest or reprisals.
Ensure that the Cybercrimes Act and other laws are not used to criminalise peaceful criticism, political speech or legitimate journalistic and human rights activities.
Review all criminal prosecutions and pending cases against journalists, activists and political opponents arising principally from their peaceful exercise of freedom of expression, with a view to withdrawing charges that are inconsistent with Nigeria’s constitutional and international human rights obligations.
Ensure full respect for freedom of expression, freedom of association, political participation, media freedom, the rule of law and judicial independence as Nigeria approaches the 2027 general elections.
