Why DSS Is Re-Arraigning Sowore: Inside the Fresh Cyberstalking Charges, Court Drama, and What It Means for Free Speech

The re-arraignment of activist and former presidential candidate, Omoyele Sowore, by the Department of State Services (DSS) has reignited national debate over free speech, cybercrime laws, and the limits of political criticism in Nigeria.

On Monday, Justice Mohammed Umar of the Federal High Court, Abuja, formally re-arraigned Sowore on amended cyberstalking charges, while striking out Meta Platforms Inc. and X Corp. as co-defendants in the case.

The DSS, through its counsel Akinlolu Kehinde, SAN, withdrew the two foreign tech companies from the charge, prompting the court to remove their names in a brief ruling. The development cleared the path for a fresh prosecution focused solely on Sowore.

The amended charge, filed on December 5, 2025, accuses Sowore of cyberstalking and defamation under the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, for social media posts in which he referred to President Bola Ahmed Tinubu as a "criminalÔÇØ following the President's comments on corruption during a trip to Brazil.

According to the prosecution, Sowore knowingly posted the statements on his X (formerly Twitter) and Facebook handles with the intention of causing a breakdown of law and order and posing a threat to public peace.

Sowore pleaded not guilty to the two-count charge when it was read in court.

However, the trial could not commence after Sowore's counsel, Abubakar Marshall, raised a strong objection, arguing that the prosecution failed to attach the names and identities of witnesses to the proof of evidence, a requirement under the law.

Marshall told the court that the omission violated Section 36 of the 1999 Constitution, which guarantees the right to fair hearing, insisting that Sowore could not prepare a proper defence without knowing the witnesses against him.

Justice Umar agreed and ordered the DSS to comply fully, directing the prosecution to list all witnesses, disclose their particulars, and provide all necessary documents to the defence before the next hearing.

The case has now been adjourned to January 22, when trial is expected to begin, provided the prosecution meets the court's directive.

If convicted, Sowore faces a penalty of at least 15 million fine or five years imprisonment, under the amended cybercrime law.

Beyond the courtroom, the re-arraignment has intensified public scrutiny of the cyberstalking provisions of the law, with critics warning that it could be used to criminalise dissent and political speech, especially in the age of social media activism.