*Judge Warns Against Statements Threatening Public Peace
Human rights activist and SaharaReporters publisher, Omoyele Sowore, was on Tuesday granted bail on self-recognizance by the Federal High Court in Abuja following his arraignment on charges of cybercrimes and defamation against President Bola Tinubu.
Sowore, the presidential candidate of the African Action Congress (AAC) in the 2019 and 2023 elections, appeared before Justice Mohammed B. Umar on a five-count charge marked FHC/ABJ/CR/484/2025. The charges, filed by the Department of State Services (DSS), accuse him of contravening the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Criminal Code Act by referring to President Tinubu as a “criminal” in social media posts on X (formerly Twitter) and Facebook.
The case stems from Sowore’s August tweets criticizing the president, which the DSS demanded he delete. Sowore’s refusal prompted the legal action. Also listed as defendants in the charge are X Inc. and Meta Inc.
When the charges were read, Sowore pleaded not guilty. The arraignment marked the third attempt by the prosecution, as earlier attempts were stalled by preliminary objections from the defence—a delay the DSS counsel, Akinlolu Kehinde SAN, described as “legal obstacles.”
Sowore’s lawyer, Marshall Abubakar, moved a bail application immediately after the plea, citing Section 162 of the Administration of Criminal Justice Act (ACJA). He argued that bail cannot be denied based solely on the severity of the alleged offence, noting Sowore’s record as a two-time presidential candidate with no history of absconding. He also invoked constitutional guarantees under Sections 36, 39, and 41 of the 1999 Constitution, supported by judicial precedents.
“There is no evidence before this Honourable Court to suggest that the defendant will commit another crime if released,” Abubakar argued, urging the court to uphold justice and fairness.
But Kehinde opposed the bail request, calling for stringent conditions if bail were to be granted. He alleged that Sowore had a “history of committing further offences” while previously on bail and warned that his release could trigger additional threats to public order.
In his ruling, Justice Umar granted bail, noting Sowore’s consistent attendance in court, the deposit of his international passport with the registry, and the absence of evidence linking his statements to any national security threat. “Bail is a constitutional right, and once granted, it cannot be withdrawn on speculation or conjecture,” the court held.
The judge, however, issued a cautionary directive: Sowore must refrain from making statements “detrimental to the peace and security of the country,” and a violation could result in bail revocation. “Mere allegations or unverified claims cannot displace the presumption of innocence,” Justice Umar added, urging him to conduct himself responsibly and avoid comments capable of being misinterpreted.
The case was adjourned to January 19, 2026, for further hearing. Sowore, a prominent government critic, has long been a vocal advocate for democratic reforms in Nigeria.
