Sowore’s Absence Stalls Arraignment on Alleged Defamation against Tinubu

. Court stops Police from declaring Sowore wanted

Alex Enumah in Abuja and   Wale Igbintade

The arraignment of the 2023 presidential candidate of the African Action Congress (AAC), Omoyele Sowore, over alleged unprintable names against President Bola Tinubu, was yesterday  stalled at the Federal High Court, Abuja.

It is the second time his arraignment would fail after September 30, when his lawyer had claimed that he was yet to be properly served with the charge.

However, yesterday’s failure was due to Sowore’s absence in court.

The federal government had in September instituted a five-count criminal charge bordering on cybercrime and defamation against Sowore, X Corporation (formerly known as Tweeter), and Facebook.

The State Security Service (SSS), took the legal action after Sowore and the two other defendants refused to delete the offensive posts.

According to the charge, the activist and publisher of SaharaReporters breached the Cybercrime Act law, when he called the president unprintable names in a post on his X handle and Facebook in August. 

When the matter came up yesterday, prosecution counsel, Akinlolu Kehinde, SAN, who reminded the court that the matter was slated for arraignment, observed that all parties were ready except the first defendant, who was absent and had no legal representation.

The senior lawyer added that the prosecution received a letter on Tuesday night from one Deji Adeyanju, who claimed to be the lead lawyer in the case requesting for an adjournment of the arraignment.

Kehinde claimed that “the letter was a ploy to delay the proceedings”, because the September 30 planned arraignment could not hold after Sowore who although was in court, alleged that he has not been served with the charge.

 The prosecution counsel also informed the court that Sowore also failed to show up and was also not represented at the next adjourned date of October 27, when the court did not sit.

Displeased by the conduct of the 1st defendant, the prosecution accordingly made an oral application compelling security operatives to arrest Sowore and bring him to court on the next adjourned date.

Kehinde claimed that all processes in the matter were filed by Femi Falana, SAN, as lead lawyer and urged the court to disregard the letter by Adeyanju and issue the bench warrant.

Responding, Tayo Oyetibo, SAN, who represented Facebook, did not oppose the request for a bench warrant, stating that the letter which he also received is disrespectful to the parties and the court.

He lamented that he travelled all the way from Lagos for the hearing, only to receive the letter at Abuja airport yesterday.

Meanwhile, Oyetibo alleged that the letter appeared to refer to a different matter, as it mentioned “November 4 rather than November 5.”

However, X’s counsel, Christabel Ndokwelu, informed the court that her client had not been properly served and only received a hearing notice.

 She urged the court to ensure proper service, saying they were not ready for arraignment.

Justice Mohammed Umar, however, declined to issue the bench warrant for Sowore’s arrest, on the grounds that X Corporation have not been served with the charge sheet even though they received hearing notice. 

The judge subsequently directed the prosecution to properly serve X and adjourned the matter to December 2.

 Meanwhile, Justice Musa Kakaki of the Federal High Court in Lagos has restrained the Lagos State Commissioner of Police and other security agencies from arresting, intimidating, or declaring Sowore wanted.

The interim injunction followed an application filed by Sowore after reports emerged that the Lagos State Police Command had allegedly declared him wanted over unspecified allegations.

In his ruling, Justice Kakaki granted an order restraining the respondents, particularly the Commissioner of Police, from “harassing, intimidating, threatening with arrest, or declaring the applicant wanted pending the determination of the substantive suit.”

Reacting to the ruling, Sowore described the decision as a reaffirmation of his faith in the judiciary, saying it demonstrated that justice was still attainable when citizens engaged the courts to defend their rights.

“Many people say they don’t trust the judiciary, but the trust in our judiciary is not up to the judges—it’s up to citizens who show up to say justice must be done,” he said. “I thank the court for the courage to take up this matter late in the day and grant this important order.”

Sowore alleged that the attempt to declare him wanted was politically motivated and illegal, arguing that no formal investigation or police invitation preceded the alleged declaration.

“Under the law, the police cannot just wake up and declare someone wanted without any investigation or invitation. It shows how far institutions have strayed from legality,” he stated.

Flanked by his legal team and supporters, the activist said the court’s decision underscored the enduring relevance of the rule of law, despite growing instances of political intimidation and abuse of state power.

“This struggle is not about me, it’s about justice and freedom for all Nigerians. The police or anyone in authority must not think they can silence dissent through intimidation,” he added.

Sowore, who has faced several arrests and prosecutions in recent years, said the latest episode was part of a broader pattern of harassment against dissenting voices.

“When the state begins to act outside the law, it breeds fear and injustice. But we must resist that peacefully. Nigeria can only progress when law enforcement agencies operate within their constitutional limits,” he said.

He also commended his legal counsel for their “dogged commitment to justice” and thanked Justice Kakaki for hearing the matter despite the lateness of the hour.

“The judge was already tired, it was the last case of the day. Yet he still gave it his attention. That’s what courage looks like,” he said.

The court’s order, read out to journalists, specifically restrains the police from giving effect to any declaration made by the Lagos State Commissioner of Police on November 3, 2025, portraying Sowore as a wanted person. 

The order remains in force pending further hearing of the substantive suit challenging the legality of the police action.

As of press time, the Lagos State Police Command had yet to issue an official response.