The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu’s administration and the Department of State Services (DSS) to immediately withdraw what it described as “bogus charges” against journalist and activist Omoyele Sowore.
SERAP also urged the Federal Government to end what it described as the continued harassment and intimidation of Sowore over his peaceful exercise of his rights to freedom of expression and political participation.
In a statement on Monday, signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation said the reported decision by the DSS to seek an adjournment of Sowore’s case until after the 2027 presidential election did not address the fundamental issue.
According to SERAP, the charges should not have been instituted in the first place and should now be withdrawn altogether.
“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.
The organisation described as troubling the reported consideration by the DSS to suspend the case following the commencement of the 2027 election campaign, stressing that the right to participate in public affairs and criticise government officials must not depend on an electoral timetable or the discretion of security agencies.
SERAP alleged that the prosecution of Sowore over his social media comments concerning President Tinubu amounted to an unacceptable use of criminal law and judicial processes to punish, intimidate or silence a prominent critic and political opponent.
It maintained that public officials, including the President, are subject to scrutiny and criticism in a democratic society, arguing that offensive, harsh, insulting or politically inconvenient expression should not, by itself, constitute grounds for criminal prosecution.
The rights group further warned the Tinubu administration against using the Cybercrimes Act, criminal defamation provisions or other laws to suppress peaceful criticism, particularly as the country approaches the 2027 general elections.
“Suspending the Sowore case until after the election is not enough. The bogus charges should be immediately withdrawn,” it said.
SERAP said the continued prosecution of Sowore could have a chilling effect beyond his individual case, warning that it could send a message to journalists, bloggers, activists, political opponents and other Nigerians that criticism of government officials could attract security agencies’ attention and criminal prosecution.
The organisation also urged the Federal Government to comply fully with the 2022 judgment of the ECOWAS Court of Justice, which it said 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.
SERAP argued that the government must not invoke cybercrime legislation to criminalise peaceful expression or suppress legitimate criticism of public officials.
It consequently called on President Tinubu to direct the Attorney-General of the Federation and the DSS to withdraw all charges against Sowore and stop the use of criminal and judicial processes to harass, intimidate or silence journalists, activists, political opponents and other Nigerians exercising their rights peacefully.
The organisation further demanded that Sowore be allowed to participate fully and freely in political and public life without harassment, intimidation, arbitrary arrest or reprisals.
SERAP also called for a review of criminal prosecutions and pending cases against journalists, activists and political opponents arising principally from the peaceful exercise of freedom of expression, with a view to withdrawing charges it considers inconsistent with Nigeria’s constitutional and international human rights obligations.
It urged the Federal Government to ensure full respect for freedom of expression, freedom of association, political participation, media freedom, the rule of law and judicial independence ahead of the 2027 general elections.
