By Aisha Muhammad Magaji
The Federal Government is set to arraign activist and publisher of Sahara Reporters, Omoyele Sowore, over allegations of spreading false information against President Bola Ahmed Tinubu through a social media post. The charges, which legal analysts say could test the limits of free speech under Nigeria’s democracy, have ignited heated debates across political, legal, and civic circles.
According to court filings seen by reporters, Sowore is accused of publishing a “false and malicious” post suggesting that President Tinubu was engaged in misconduct involving public funds. The government described the post as “criminally injurious to the reputation of the President and capable of causing public unrest.”
Federal prosecutors say Sowore’s post violates the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015, as well as provisions of the penal code relating to defamation and the spread of false information.
A senior Ministry of Justice official, speaking under anonymity, explained: “No one is above the law. If a citizen publishes falsehood against the highest office in the land with the intention of inciting chaos, the law must take its course.”
Sowore, a long-time critic of successive governments, insists the charges are politically motivated. “This is another desperate attempt by the Tinubu administration to silence dissent. I have done nothing criminal. I simply exercised my right to free speech,” he said in a brief statement posted on his X (formerly Twitter) account.
His lawyers argue that the charges amount to harassment. “The state is attempting to criminalize criticism. Nigeria is a democracy, not a dictatorship. We will challenge this case vigorously,” said human rights lawyer Femi Falana, SAN, who has represented Sowore in previous cases.
This is not the first time Sowore is facing charges from the Federal Government. In 2019, he was arrested by the Department of State Services (DSS) for convening the “RevolutionNow” protest, accused of treasonable felony. That case was widely condemned by international human rights groups, including Amnesty International and Human Rights Watch, who designated him a “prisoner of conscience.”
Despite multiple bail rulings, Sowore remained in detention for months, sparking global outrage. Eventually, he was released but the case dragged on in court.
The latest charges, critics say, show that the government has not shifted from its pattern of using legal tools to suppress opposition voices.
Civil society organizations have condemned the move. The Committee to Protect Journalists (CPJ) described the charges as “an alarming attempt to criminalize journalism and civic expression.”
Similarly, the Socio-Economic Rights and Accountability Project (SERAP) tweeted: “The arraignment of Sowore is a clear attack on press freedom and freedom of expression. Nigerians have the right to criticize their leaders without fear of prosecution.”
On social media, reactions are sharply divided. Supporters of the President argue that Sowore crossed the line. “Freedom of speech is not freedom to spread lies,” one X user posted. Others insist the trial is a distraction from Nigeria’s pressing challenges, including inflation, insecurity, and unemployment.
Analysts say the case highlights the tension between free speech and the protection of public figures in Nigeria’s legal framework. Dr. Chidi Odinkalu, former chairman of Nigeria’s Human Rights Commission, told journalists: “Nigeria must decide whether it wants to be a democracy that tolerates dissent or a fragile state that criminalizes criticism.”
The Nigerian Bar Association (NBA) has also weighed in, warning against the misuse of cybercrime laws. “While defamation is a civil matter that can be addressed in court, using criminal charges to punish speech is undemocratic and unconstitutional,” said NBA President Yakubu Maikyau, SAN.
Court officials confirmed that Sowore will be arraigned before a Federal High Court in Abuja in early October 2025. If convicted, he could face several years in prison or heavy fines.
Political observers believe the trial will further polarize Nigeria’s already tense political climate ahead of the 2027 general elections. For Sowore, who has contested for president twice and has already hinted at a third attempt, the case could either derail his political ambitions or strengthen his profile as a fearless opposition figure.
For the Tinubu administration, the outcome will be closely watched by Nigerians and the international community. If handled heavy-handedly, it could reinforce perceptions of authoritarianism. If dropped or overturned, it may be seen as a victory for civic freedoms.
As the case unfolds, one thing is clear: the battle between government control and the right to free expression in Nigeria is far from over.
