On November 5 2025, the Federal High Court Abuja refused to grant the request by the Department of State Services (DSS) for a bench warrant to arrest activist-politician Sowore, citing procedural reasons and remanded the matter to December 2 for arraignment.
Background
Sowore, former presidential candidate of the African Action Congress (AAC), was charged by the DSS for allegedly posting on social media that Bola Tinubu is a “criminal”. The post, dated August 25 2025, came in the wake of the President’s claim during a visit to Brazil that his administration had ended corruption in Nigeria.
The charges involve alleged violations of:
- Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act 2024, and
- Sections 59 and 375 of the Criminal Code Act.
The case is marked FHC/ABJ/CR/484/2025, and also names X Corporation (formerly Twitter) and Meta Platforms Inc. (Facebook) as second and third defendants respectively, for hosting the post.
What Happened in Court
- Counsel to the DSS, Akinlolu Kehinde SAN, urged the court to issue a bench warrant for Sowore’s arrest on grounds that he failed to appear for arraignment despite being served with charges and a hearing notice.
- However, Justice Muhammed Umar noted that the second defendant (X Corporation) had not been formally served with the charge sheet, only the hearing notice. The judge held that the bench warrant application was therefore premature.
- The case was adjourned to December 2, 2025, for arraignment, after the court directed that all defendants must be properly served with necessary court documents.
Significance & Commentary
- The decision underscores procedural safeguards: despite high-profile nature and political sensitivity, the court reaffirmed that bench warrants cannot be issued without formal service of charges to all defendants.
- It highlights the tension between national security/intelligence agencies (like the DSS) seeking swift action and judicial standards insisting on fair process.
- Since the case involves alleged defamation of the President, and the inclusion of international tech companies (X and Meta), the outcome could have wider implications for digital freedom of expression and corporate liability in Nigeria.
- The government’s approach is being closely watched for signals about how dissenting voices, social media activism and political speech are handled under new cybercrime laws.
- For Sowore and his supporters, the adjournment may buy time but also prolong uncertainty and attention. For the DSS and Presidency, moving cases of this nature may be strategically important for shaping public narrative and deterrence.
0 Comments