JUST IN: SERAP urges Tinubu, DSS to withdraw charges against Sowore

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ABUJA, Nigeria (NPA) — The Socio-Economic Rights and Accountability Project (SERAP) has urged the administration of President Bola Ahmed Tinubu and the Department of State Services (DSS) to immediately withdraw all charges against journalist and activist Omoyele Sowore and end what it described as the continuing harassment and intimidation of him over the peaceful exercise of his human rights.

SERAP said the reported decision by the DSS to seek an adjournment of the case until after the 2027 presidential election does not address what it described as the fundamental problem, insisting that the charges should never have been brought in the first place and should now be withdrawn.

In a statement issued on Sunday and signed by its Deputy Director, Kolawole Oluwadare, the organisation said the DSS could not selectively pause what it described as a politically sensitive prosecution for electoral convenience while leaving the charges hanging over Sowore.

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“The appropriate response is to withdraw the charges altogether,” SERAP said.

The organisation expressed concern that the DSS reportedly considered suspending the case only after the commencement of the 2027 election campaign.

SERAP argued that the right of citizens to participate in public affairs and criticise government officials should not depend on the electoral calendar or the discretion of security agencies.

According to the organisation, 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.

SERAP maintained that 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 organisation said.

SERAP further warned against what it described as the use of the Cybercrimes Act, criminal defamation provisions and other laws to suppress peaceful criticism, particularly as Nigeria approaches the 2027 general elections.

“Suspending the Sowore case until after the election is not enough. The bogus charges should be immediately withdrawn,” the organisation stated.

It said the continued prosecution of Sowore could have a chilling effect beyond the individual case, sending what it described as a dangerous message to journalists, bloggers, activists, political opponents and other Nigerians that criticism of government officials could attract the attention of security agencies and result in criminal prosecution.

SERAP maintained that international human rights standards do not permit governments to invoke criminal law as a tool for silencing dissent.

It called on Nigerian authorities to refrain from unlawfully interfering with freedom of expression and to protect individuals from harassment, intimidation and reprisals for exercising their rights.

The organisation said the right to freedom of expression includes the right to criticise public officials and government policies, stressing that political speech enjoys particularly strong protection in a democratic society.

According to SERAP, the government must tolerate a high degree of criticism, including expressions that may be considered harsh or offensive.

It argued that criminal prosecution should not be used as a substitute for political debate or as a mechanism for shielding public officials from criticism.

SERAP also called on the Federal Government to fully comply with the 2022 judgment of the ECOWAS Court of Justice, which it said declared the former Section 24 of the Cybercrimes Act arbitrary, vague and repressive and ordered Nigeria to bring its cybercrime legislation into conformity with its human rights obligations.

The organisation maintained that cybercrime legislation should not be used 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 Sowore.

It also called on the government to 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.

The organisation further urged the Federal Government to ensure that Sowore is able to participate 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 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.

The group 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 as Nigeria approaches the 2027 general elections.

The prosecution of Sowore followed a social media post in which he allegedly referred to President Tinubu as a criminal.

According to reports, the DSS alleges that the statement made on X constitutes defamation and incitement and could undermine public confidence in the Presidency and threaten national stability.

The case has reportedly been filed under Nigeria’s Cybercrimes (Prohibition, Prevention, etc.) Act and has reignited public debate over freedom of expression, government accountability and the limits of criticism in Nigeria’s democracy.

Sowore, however, maintains that his social media post was a legitimate expression of opinion protected under the constitutional right to freedom of expression.