The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Ahmed 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 demanded an end to what it described as the continued harassment and intimidation of Sowore over his peaceful exercise of his human rights.
In a statement issued on Monday and signed by its 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According to SERAP, the charges should not have been brought in the first place and should therefore be withdrawn completely.
It said, “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 expressed concern over reports that the DSS considered suspending the case following the commencement of the 2027 election campaign, arguing that the right to participate in public affairs and criticise government officials should not depend on the electoral calendar or the discretion of security agencies.
The organisation alleged that Sowore’s prosecution over 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, were subject to scrutiny and criticism in a democratic society.
It argued that expressions considered harsh, offensive or politically inconvenient should not, by that fact alone, become grounds for criminal prosecution.
The group urged the Federal Government not to use 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 The bogus charges should be immediately withdrawn,” SERAP said.
It warned that the continued prosecution of Sowore could have a chilling effect beyond his individual case, arguing 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.
SERAP further cited international human rights standards, which it said do not permit governments to use criminal law as a tool for silencing dissent.
The organisation also called on Nigerian authorities to respect freedom of expression and protect individuals from harassment, intimidation and reprisals for exercising their rights.
It stressed that freedom of expression includes the right to criticise public officials and government policies, adding that political speech deserves strong protection because public debate is essential to a democratic society.
SERAP also referred to 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.
The organisation therefore urged President Tinubu to direct the Attorney-General of the Federation and the DSS to withdraw all charges against Sowore.
It also called for an end to the use of criminal and judicial processes to harass or intimidate journalists, activists, political opponents and other Nigerians peacefully exercising their rights.
SERAP further demanded that Sowore be allowed to participate fully and freely in political and public life without harassment, arbitrary arrest or reprisals.
It urged the government to review criminal prosecutions and pending cases involving journalists, activists and political opponents arising principally from their peaceful exercise of freedom of expression, with a view to withdrawing charges inconsistent with Nigeria’s constitutional and international human rights obligations.
The organisation finally called on 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.
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