DSS Reverses Position On Sowore Trial, Moves To Resume Prosecution Over His Continued Criticism Of Tinubu

Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.

The Department of State Services has reversed its earlier decision to seek the suspension of the ongoing trial of human rights activist and African Action Congress presidential candidate, Omoyele Sowore, directing its prosecuting counsel to resume the case over what it described as Sowore’s continued “insulting” of President Bola Ahmed Tinubu. Sources familiar with the matter told SaharaReporters on Sunday, September 28, 2026, that the DSS leadership has now instructed its lawyer, Akinlolu Kehinde, SAN, to proceed with the prosecution, following dissatisfaction with Sowore’s refusal to moderate his criticism of the President.

The reversal comes barely a month after the secret police publicly announced that it would seek an adjournment of the case until after the January 16, 2027, presidential election, saying it wanted to ensure that the proceedings did not interfere with Sowore’s participation in the election. On August 30, 2026, the DSS directed Kehinde to take steps to suspend the alleged cyber-bullying case against Sowore, with the agency’s Director-General, Oluwatosin Ajayi, reportedly telling senior officials that, with the commencement of presidential campaigns, “it would only be fair to pause the court case in order to enable Sowore fully participate in the upcoming elections without let or hindrance.” Ajayi noted that the case had already been before the court for nearly a year and that suspending it for another few months would not make much difference.

But according to the latest sources, the DSS became displeased with what it described as Sowore’s continued “intransigence” and his persistent criticism of Tinubu and the administration. They said Sowore’s continued political activities and public statements against the President prompted the agency to abandon its earlier plan to seek a lengthy adjournment. The sources said the DSS has consequently instructed its lawyer to continue prosecuting the case.

Sowore appeared at the Federal High Court in Abuja on Monday, a day after returning to Nigeria from the United States, for the continuation of his trial. His lead counsel, Adeyinka Olumide-Fusika, SAN, was also present at the court. Olumide-Fusika reportedly learnt from the prosecution that the DSS would no longer pursue its previously announced plan to seek a lengthy adjournment of the trial.

The DSS had approached the court seeking a determination on whether Sowore’s August 25, 2025, posts on his X handle and Facebook page, in which he referred to President Tinubu as a “criminal,” amounted to cyber-bullying. The secret police also directed that cases involving contestants for other elective positions should be reviewed accordingly. The DSS said the case involving Sowore was intended to obtain judicial interpretation on the propriety of arbitrarily referring to President Tinubu, or any other individual, as a criminal. It said the case was similar to its approach to the court seeking a ruling on the legality of Professor Pat Utomi’s “Shadow Government.” In a September 6, 2025, letter to the chairman of Meta Corp, the DSS stated that, in addition to protecting the President from physical threats, it was also empowered by law to protect him from psychological attacks.

Following Sowore’s posts, the DSS gave him seven days to remove them. However, after the expiration of the ultimatum, Sowore reportedly refused to take down the posts. The DSS subsequently approached the court for adjudication on September 16, 2025, without inviting or arresting the politician. Sowore was first arraigned on December 2, 2025, alongside Meta Platforms Inc. and X Corporation. However, the prosecution later amended the charge, leaving Sowore as the sole defendant in the cybercrime case. The charge quoted Sowore as posting: “This criminal @officialABAT actually went to Brazil to state that there is NO MORE corruption under his regime in Nigeria. What audacity to lie shamelessly!” The prosecution alleged that the post amounted to cyberstalking, contrary to Sections 24(1)(b) and 24(2)(a), (b) and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024. Sowore pleaded not guilty to the amended charge.

In May 2026, Justice Mohammed Garba Umar of the Federal High Court in Abuja dismissed Sowore’s no-case submission, ruling that the DSS had established a prima facie case against him over allegations that he referred to President Tinubu as a “criminal” on social media platforms. The court held that the evidence presented by the prosecution, including testimony from a sole witness, sufficiently linked Sowore to the alleged offences and warranted him entering a defence. The judge also rejected arguments by Sowore that the absence of President Tinubu as a witness weakened the prosecution’s case, noting that the law does not require the alleged victim to testify before a case can proceed. The court subsequently fixed May 19, 2026, for Sowore to open his defence in the two-count charge.

The reversal by the DSS has drawn sharp criticism from civil society and legal practitioners. The Socio-Economic Rights and Accountability Project and Sowore’s lead counsel, Olumide-Fusika, had earlier demanded that the DSS withdraw the charges entirely or transfer the prosecution to the Attorney-General of the Federation. SERAP described the prosecution as an “unacceptable use of criminal law and judicial processes to punish” critics, insisting that “the mere fact that an expression is offensive, harsh, insulting or politically inconvenient does not, by itself, justify criminal prosecution.” Olumide-Fusika had faulted the manner in which the initial suspension was announced, saying the defence team was not formally informed before the statement was released to the public. He argued that the DSS’s core statutory responsibilities are centred on internal security and intelligence gathering, rather than prosecuting critics of the government. “The duty of the DSS is to gather investigation and hand it over to the office of the Attorney-General of the Federation, not to jump into charging to court anyone that makes any statement against the President,” he said.

The reversal also comes amid heightened political tension ahead of the 2027 general elections. Sowore is one of the leading opposition presidential candidates, and his prosecution has been widely viewed as an attempt to silence him. The DSS’s initial decision to suspend the trial was seen by some as a concession to public pressure and a recognition that prosecuting a presidential candidate during an election campaign could undermine the credibility of the electoral process. The decision to resume the prosecution, however, suggests that the agency is determined to pursue the case regardless of the political consequences.

As of the time of this report, the DSS had not issued an official statement on its change of position. Sowore has not publicly commented on the latest development. His supporters and civil society organisations are expected to react in the coming days. The case continues at the Federal High Court in Abuja, where Sowore is expected to open his defence. For now, the man who has built his political career on challenging authority faces the prospect of a trial that could define the 2027 election campaign.

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