A Federal High Court sitting in Abuja has fixed January 22 for the commencement of trial in the cybercrime case instituted by the Department of State Services (DSS) against the 2023 presidential candidate of the African Action Congress (AAC), Omoyele Sowore.
Justice Mohammed Umar adjourned the matter after Sowore was re-arraigned on a two-count amended charge bordering on alleged cyberstalking and false online publication against President Bola Ahmed Tinubu.
In the amended charge filed by the DSS, Sowore is accused of making false claims by referring to President Tinubu as a criminal in posts allegedly made on his verified X (formerly Twitter) and Facebook accounts.
The prosecution alleged that the posts contravened provisions of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024. Sowore was listed as the sole defendant in the amended charge.
At the resumption of proceedings, the prosecuting counsel, Akinlolu Kehinde (SAN), applied to withdraw the earlier charge which had included X Inc. (formerly Twitter) and Meta Platforms Inc. (Facebook) as co-defendants.
Kehinde urged the court to strike out the earlier charge and remove the two companies from the suit, an application Justice Umar granted, thereby striking out the names of X Inc. and Meta Platforms Inc. from the case.
When the amended charge was read, Sowore initially indicated he did not understand the first count but later confirmed his understanding after consulting briefly with his counsel, Marshall Abubakar. He subsequently pleaded not guilty to both counts.
Proceedings were temporarily stalled when Abubakar objected to the prosecution’s attempt to call its first witness. The defence counsel argued that the DSS had failed to provide the defendant with adequate materials required to prepare his defence.
Citing Section 36(6) of the 1999 Constitution and Section 379(1) of the Administration of Criminal Justice Act (ACJA), Abubakar insisted that the defendant was entitled to be served with the names of prosecution witnesses, summaries of their testimonies, and other relevant documents.
Although Kehinde disagreed, insisting that the prosecution had complied with all legal requirements, Justice Umar directed the prosecution to furnish the defence with summaries of the witnesses’ expected testimonies before the commencement of trial.
The amended charge alleges that on or about August 25, 2025, Sowore knowingly transmitted messages via his X and Facebook accounts describing President Tinubu as a criminal, statements the prosecution claims were false and capable of causing a breakdown of law and order.
The DSS alleged that the posts posed a threat to public safety and amounted to cyberstalking, offences punishable under Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
The matter was adjourned to January 22 for the commencement of trial.
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