The Socio-Economic Rights and Accountability Project (SERAP) has called on the Federal Government and the Department of State Services (DSS) to immediately withdraw what it described as “bogus charges” against journalist and activist Omoyele Sowore and end the alleged harassment and intimidation of him over his peaceful exercise of human rights.
In a statement signed by its Deputy Director, Kolawole Oluwadare, SERAP argued that the reported move by the DSS to seek an adjournment of the case until after the 2027 presidential election would not address what it described as the fundamental problem with the prosecution.
The 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 charges against journalist and activist Omoyele Sowore and end what it described as the continuing harassment and intimidation of him over his peaceful exercise of human rights.
SERAP, in a statement signed by its Deputy Director, Kolawole Oluwadare, said the reported decision by the DSS to seek an adjournment of the case until after the 2027 presidential election does not address the fundamental issues surrounding the prosecution.
“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does not resolve the fundamental problem: the charges should never have been brought in the first place and must now be withdrawn,” the organisation said.
SERAP said the DSS could not suspend a politically sensitive prosecution for electoral reasons while allowing the charges to remain pending against Sowore.
“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,” the organisation said.
It also expressed concern over reports that the security agency was considering suspending the case only after the commencement of the 2027 election campaign.
“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,” SERAP said.
According to the organisation, the prosecution of Sowore over his social media comments concerning President Bola Tinubu amounted 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, must be open 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,” it said.
The organisation warned the Federal Government against using the Cybercrimes Act, criminal defamation provisions or other laws to suppress peaceful criticism as Nigeria approaches the 2027 general elections.
“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,” SERAP said.
“Suspending the Sowore case until after the election is not enough. The bogus charges should be immediately withdrawn.”
SERAP further warned that the continued prosecution of Sowore could have consequences beyond his individual case.
“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,” it said.
The organisation maintained that international human rights standards do not permit governments to use criminal law to silence 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,” SERAP said.
It added that freedom of expression includes the right to criticise public officials and government policies, stressing that political speech deserves particularly strong protection in 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 organisation said.
SERAP also called on the Federal Government to comply fully with the judgment of the ECOWAS Court of Justice, which it said declared the former Section 24 of the Cybercrime Act arbitrary, vague and repressive in 2022.
“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,” it said.
“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 Sowore.
The organisation also called on the President 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.
Among its demands, SERAP asked the Federal Government to ensure that Sowore can participate fully and freely in political and public life without harassment, intimidation, arbitrary arrest or reprisals.
It further urged the government to ensure that the Cybercrimes Act and other laws are not used to criminalise peaceful criticism, political speech or legitimate journalistic and human rights activities.
SERAP also called for a review of 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 it considers inconsistent with Nigeria’s constitutional and international human rights obligations.
The organisation 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.
