In a dramatic escalation of the ongoing legal battle surrounding Nigerian activist Omoyele Sowore, his lawyer, Marshall Abubakar, has publicly condemned the charge filed against his client by the Nigerian Police Force, calling it a “blatant abuse of power” and a misuse of prosecutorial authority. The charge, which accuses Sowore of defamation, has sparked widespread outrage, with Abubakar emphasizing that the police had no legal authority to pursue such allegations.
“The police have no power to file defamation charges against anyone,” Abubakar declared in an interview with ARISE News on Thursday. He argued that such charges, brought under the controversial Cybercrime Act, were not only legally unfounded but also part of a broader pattern of using state institutions to suppress dissent and intimidate critics of the government.
According to Abubakar, the defamation charges stem from a video Sowore allegedly posted, which exposed corruption and highlighted what he called the illegal actions of police officers. The police, he said, summoned Sowore for questioning via WhatsApp, but when pressed for specifics on the allegations, they failed to provide any substantive details. Instead, they introduced an entirely new claim: that Sowore had “cyberstalked” the Inspector General of Police (IGP) by calling him an “illegal IGP.”
“At first, the police tried to allege that Sowore disobeyed police orders and was involved in corruption exposés. But when they realized those charges wouldn’t hold up, they dug deeper and came up with this laughable claim,” Abubakar said, expressing his disbelief over the nature of the accusations.
Abubakar’s criticism focused on the police’s overreach, pointing to Section 174 of Nigeria’s Constitution, which vests the power to institute prosecutions with the Attorney General of the Federation (AGF), not the police. “This is a blatant violation of the law,” Abubakar remarked, reiterating that only the AGF has the constitutional authority to pursue such charges.
The charge is based on Section 24 of the Cybercrime Act, which has been amended to remove provisions that once allowed the law to be exploited for personal vendettas. “Under the amended law, the police have no authority to file charges against anyone for defamation, especially not for comments made on social media,” Abubakar explained, stressing that the police’s actions were a clear violation of legal protocols.
A Call for Free Speech Protections
In addition to his legal objections, Abubakar strongly criticized Nigeria’s broader approach to free speech, stating that the country had become a notorious example of government overreach. “Nigeria is one of the few countries in the world where the government attempts to criminalize free speech in such a brazen manner,” he said, calling for urgent reform to protect citizens’ rights to express their opinions without fear of legal retribution.
He also took aim at the judiciary, accusing the courts of complicity in the suppression of dissent. Abubakar emphasized that public officials, including the IGP, should seek redress in civil courts if they feel defamed, rather than using state institutions to stifle free expression. “The judiciary must stand firm in defending the rights of Nigerians,” he added, warning that without proper checks and balances, impunity would continue to flourish.
“The judiciary is complicit when it fails to uphold the law. Nigerians must rise up and challenge this impunity,” Abubakar declared. “We can no longer allow a situation where ‘strong men’ use the power of the state to oppress and silence the people. If Nigerians don’t act now, we are doomed.”
The Political Context: Sowore’s Activism
Omoyele Sowore, a former presidential candidate and founder of the news platform Sahara Reporters, has long been a vocal critic of the Nigerian government. His activism has often put him at odds with powerful political figures, and he has faced numerous legal challenges, including prior arrests and detention. Sowore’s most recent legal troubles stem from his outspoken criticism of the government and his support for anti-government protests, which have included calls for systemic reforms.
His arrest and detention during the #RevolutionNow protest in 2019 made headlines, and the subsequent charges laid against him have been viewed by many as politically motivated. Sowore’s legal team has repeatedly argued that the charges against him are attempts to silence a prominent critic of the government.
A Wider Debate on Free Expression
The case has sparked a broader conversation about freedom of speech and press freedom in Nigeria, particularly as the country grapples with increasing government control over the media. Activists and human rights organizations have condemned the move, warning that it signals an erosion of democratic freedoms and undermines the right of citizens to freely express their views without fear of government retaliation.
In the face of these challenges, Abubakar’s comments reflect growing concerns that the Nigerian government is increasingly using the legal system as a tool to stifle dissent. “We cannot allow this culture of impunity to continue. We need to reform the laws to protect the rights of Nigerians and ensure that the police cannot use their power to intimidate or silence anyone,” he said.
A Path Forward
Abubakar concluded by reiterating his commitment to ensuring that the charges against Sowore are withdrawn, vowing to take every legal measure necessary to hold the IGP accountable. “We will not rest until this charge is thrown out and those responsible for this abuse of power are held accountable,” he said.
As the legal proceedings continue, the public and legal community will be watching closely to see how the courts handle this high-profile case, which many see as a crucial test of Nigeria’s commitment to upholding the rule of law and protecting fundamental rights.
