SERAP condemns continued prosecution of Omoyele Sowore for cyberbullying

Keypoints

• The Socio-Economic Rights and Accountability Project (SERAP) has expressed concern over the use of criminal defamation laws to target activists and journalists.
• The Federal High Court in Abuja dismissed a no-case submission filed by Omoyele Sowore in a case involving alleged cyberbullying of President Bola Tinubu.
• SERAP argues that the charges stem from the peaceful expression of opinions and violate Section 39 of the Nigerian Constitution.
• The organization highlighted that public officials must be subject to a higher threshold of criticism under international human rights law.
• SERAP called for the immediate repeal of repressive provisions in the Cybercrimes Act, specifically Section 24, as ordered by the ECOWAS Court.

Main Story

The Socio-Economic Rights and Accountability Project (SERAP) issued a statement recently, condemning the federal government’s persistent use of criminal defamation and cybercrime laws against dissenting voices.

The statement followed a ruling by the Federal High Court in Abuja, which dismissed the no-case submission filed by activist Omoyele Sowore. The case, brought by the Department of State Services (DSS), alleges that Sowore engaged in the cyberbullying of President Bola Tinubu.

SERAP stated that the decision to proceed with the prosecution raises significant human rights concerns and creates a “chilling effect” on civic space in Nigeria.

The group argued that the charges appear to penalize the peaceful expression of views on matters of public interest, which is protected under the Nigerian Constitution and international treaties like the African Charter on Human and Peoples’ Rights.

SERAP urged the National Assembly to urgently amend the Cybercrimes Act to prevent the abuse of its provisions for political purposes.

The Issues

• The use of Section 24 of the Cybercrimes Act continues despite a standing judgment from the ECOWAS Court of Justice calling for its repeal or amendment.
• Legal experts argue that “cyberbullying” is being broadly interpreted to include political criticism, which undermines democratic accountability.
• The dismissal of a no-case submission means the defendant must now present a full defense, prolonging a legal process that critics label as judicial harassment.

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What’s Being Said

• “The charges against Mr Sowore appear to stem from the peaceful expression of opinions on matters of public interest,” SERAP stated in its release.
• “International human rights law is clear that public officials, including heads of state, are subject to a higher threshold of criticism,” the organization added.
• “We urge the Nigerian authorities to immediately withdraw all criminal defamation charges against Sowore as those charges are entirely inconsistent with Nigeria’s constitutional obligations,” SERAP emphasized.

What’s Next

• Omoyele Sowore is expected to open his defense in the cyberbullying case following the court’s dismissal of his no-case submission.
• SERAP and other civil society organizations may increase pressure on the National Assembly to review the Cybercrimes Act during upcoming legislative sessions.
• International human rights bodies are expected to monitor the trial as a benchmark for the state of freedom of expression in Nigeria.

Bottom Line

SERAP has called on the Tinubu administration to drop all defamation charges against Sowore and other activists, arguing that using the judiciary to penalize political speech violates both local and international law.