Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
Abuja, Nigeria — A Federal High Court in Nigeria’s capital has struck out and dismissed the cyberbullying case brought by former Inspector‑General of Police Kayode Egbetokun against activist and publisher Omoyele Sowore, delivering a decisive legal blow to the complainant and drawing attention to procedural standards, digital rights protections, and political speech in the country’s rapidly evolving online landscape.
The case was filed in late 2025 when the retired police chief accused Sowore, founder of the Sahara Reporters media platform and a prominent pro‑democracy voice, of cyberbullying and related offences. At the core of the suit were a series of social media posts and comments Sowore made on platforms including X and Facebook that referred to the former police chief in contentious terms, including allegations that he had been unlawfully appointed and had engaged in misconduct. Egbetokun argued that these statements were defamatory, malicious, and warranted legal action under Nigeria’s Cybercrime (Prohibition, Prevention, Etc.) Act, which addresses various online harms including cyberbullying and harassment.
But after months of back‑and‑forth in court, the presiding judge dismissed the suit, concluding that the prosecution had failed to actively pursue the matter and had not established a prima facie case sufficient to sustain the charges. Key to the dismissal was the court’s finding that the police, who initiated the prosecution at the behest of the complainant, had repeatedly failed to take substantive steps to advance the case since Sowore’s arraignment in early 2025. According to the judge, this delay violated provisions of the Administration of Criminal Justice Act, which are designed to prevent undue delay in the processing of criminal matters and to safeguard the rights of defendants to timely justice.
The original charge sheet, presented to the Federal High Court in January 2025, included multiple counts alleging that Sowore had knowingly published content that was defamatory and harmful to public order, tagging official accounts and using language that the prosecution argued could incite unrest. However, as the legal process unfolded, the prosecution amended its approach, narrowing the charges and withdrawing several counts. At one point, even co‑defendants originally cited in the suit — including major social media entities — were removed from the case.
Opposition voices, including civil liberties organisations and digital rights advocates, had criticised the case from the outset, arguing that the cyberbullying allegations were being used to stifle dissent and curb criticism of a public official. These critics emphasised that freedom of expression, particularly when directed at public figures involved in governance and law enforcement, is a core democratic right protected under Nigeria’s Constitution, and that criminal statutes designed to tackle online harm must be applied with caution to avoid encroaching on civil liberties.
During court hearings, procedural matters took centre stage. At one hearing, the court rejected attempts by Sowore’s legal team to tender certain documents intended to support his defence, such as media reports and comparative commentary on political figures, on the basis that they had not been properly introduced through testimony from a witness who could verify their relevance. This adherence to strict evidentiary rules reflected the court’s commitment to due process, even as the broader case was shaped by political and public interest considerations.
In dismissing the case, the judge emphasised that while cyberbullying and online harassment are serious issues that deserve legal attention, the prosecution must demonstrate clear evidence of malicious intent and actual harm. The court held that critical commentary, even when sharply worded, falls within the bounds of legitimate political discourse unless it can be unequivocally shown to be false, malicious, and demonstrably injurious. The dismissal therefore affirmed the principle that public debate and critique, including on social media, are essential components of democratic accountability.
Outside the courtroom, reactions to the ruling were swift. Supporters of Sowore described the outcome as a vindication of free speech and a warning against the misuse of cybercrime laws to silence critics. Some activists noted that the case highlighted broader challenges in how digital speech is regulated in Nigeria, and stressed the need for clarity in the application of cybercrime statutes to ensure that protections against abuse are balanced with respect for constitutional rights.
The dismissal also drew attention to previous legal victories for Sowore. In an earlier unrelated case in Lagos, a court had ordered the police to pay damages for unlawfully declaring him wanted, reinforcing the view among many observers that legal institutions are willing to uphold civil liberties even in politically charged circumstances.
Legal experts say the outcome of this case is likely to influence future litigation involving social media, public figures, and cybercrime allegations. By dismissing the suit on procedural grounds and underscoring the importance of evidence and timeliness, the court has set a precedent for how Nigerian courts may approach disputes over online expression. Observers suggest that going forward, prosecutors and complainants will need to carefully consider the strength of their cases before bringing charges rooted in cybercrime law, particularly when the alleged conduct involves political commentary or critique.
For his part, Sowore declined to comment immediately after the dismissal, though allies and supporters welcomed the ruling as a reaffirmation of the importance of free speech in a democratic society. The case is expected to be referenced in ongoing debates over how legal frameworks should evolve to address the complexities of digital communication, political engagement, and the protection of individual rights in Nigeria’s fast‑changing media environment.
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