Former Presidential Candidate of the African Action Congress, AAC, Omoyele Sowore
Court Dismisses Sowore’s Suit Against DSS, Meta
The Federal High Court in Abuja on Thursday dismissed a fundamental rights enforcement suit filed by Omoyele Sowore, publisher of Sahara Reporters and political activist, against the Department of State Services (DSS), its Director‑General, and Meta Platforms Incorporated (formerly Facebook). The court held that the suit, which challenged the removal of a social media post and deactivation of Sowore’s Facebook account, lacked merit, and awarded a total of ₦1.5 million in costs against him.
Justice Mohammed Umar, who delivered the judgment, explained that the suit failed on all key legal issues, including claims relating to fair hearing, freedom of expression, and freedom of association under the Nigerian Constitution. Sowore had alleged that Meta, acting on instructions from the DSS and its Director-General, removed his post on August 26, 2025, in which he referred to President Bola Tinubu as a “criminal”, and subsequently deactivated his account.
Sowore’s legal team argued that the removal of the post and account action violated his constitutional rights to fair hearing, free expression, and association. He joined the DSS, its DG, Meta Platforms Inc., Meta Platforms Ltd., and Facebook Nigeria Operations Ltd. as respondents in the suit. The case, marked FHC/ABJ/CS/1887/2025, sought declaratory reliefs against the respondents for allegedly infringing these rights.
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In his ruling, Justice Umar stated that the right to fair hearing under Section 36(1) of the Constitution applies only to proceedings before courts or tribunals, not to complaints made by non-judicial bodies or private platforms. The judge emphasized that Sowore’s claim on fair hearing was therefore not justiciable under the fundamental rights enforcement procedure.
The court also found that Sowore’s freedom of expression and association were not violated, noting that constitutional rights are not absolute and may be restricted to protect the rights and reputation of others. The judge clarified that the DSS’s complaint to Meta and the platform’s action to remove the post were lawful steps under existing policies, and did not constitute a violation of Sowore’s rights.
Regarding the reliefs sought, Justice Umar held that Sowore failed to prove that his constitutional rights had been or were likely to be violated, and that the reliefs were therefore unwarranted. The suit was dismissed in its entirety.
Following applications for costs by counsel to the DSS and its DG, as well as Meta, the court awarded ₦500,000 each to the DSS, its DG, and Meta Platforms, totaling ₦1.5 million to be paid by Sowore.
The case highlights ongoing debates in Nigeria over online freedom of expression, state interventions, and the role of global tech platforms in moderating content following complaints by government agencies. Sowore, known for his activism and political engagement, has previously been involved in legal disputes and protests concerning government accountability and free speech.
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