Meta (Facebook) Incorporated has urged the Federal High Court Abuja to strike out its name from the federal government’s alleged cyberbullying charge against politician and activist Omoyele Sowore.
At the court proceedings, Meta (Facebook) Incorporated’s legal team informed Justice Mohammed Umar of its intention to apply for its name to be removed from the Federal Government’s criminal charge.
Nairametrics previously reported that the Federal Government sued Sowore, Meta (Facebook) Inc., and Elon Musk’s X Inc. (formerly Twitter) as co-defendants, alleging Sowore cyberbullied President Bola Ahmed Tinubu on social media.
FG’s Case
In the five-count charge, marked FHC/ABJ/CR/484/2025, filed by the Director of Public Prosecutions at the Federal Ministry of Justice, Mohammed Abubakar, Sowore was accused of publishing false and defamatory claims against the President.
According to the filing, Sowore, publisher of Sahara Reporters and presidential candidate of the African Action Congress (AAC) in 2019 and 2023, allegedly referred to President Tinubu as “a criminal” in a social media post.
The government argues that the statement was false and intended to provoke a breakdown of law and order. One of the cited posts from Sowore’s verified X handle, @YeleSowore, allegedly read:
“THIS CRIMINAL @ OFFICIAL PBAT ACTUALLY WENT TO BRAZIL TO STATE THAT THERE IS NO MORE CORRUPTION UNDER HIS REGIME IN NIGERIA. WHAT AUDACITY TO LIE SHAMELESSLY!”
The prosecution contends that Sowore’s remarks contravened the provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, specifically Section 24 (1)(b).
The Act, according to the AGF, criminalizes the use of electronic platforms to spread false information intended to cause public unrest or damage reputations.
The suit comes just days after the Department of State Services (DSS) reportedly requested that Meta and X take down Sowore’s posts.
What Transpired in Court
At the planned arraignment on Tuesday, Sowore was present in court, while the second defendant (X) was not represented by counsel. Mofesomo Tayo-Oyetibo appeared for Meta Platforms Inc.
- The DPP asked the court to proceed with the arraignment and requested that Sowore’s plea be taken.
- However, Marshal Abubakar, Sowore’s lawyer, argued that the arraignment could not proceed because his client had not been served with the charge and that in a criminal trial involving a joint charge, the appearance of the second defendant (X) was sacrosanct.
- Mofesomo Tayo-Oyetibo, representing Meta Platforms Inc. (third defendant), after reviewing the charge, argued it had nothing to do with his client.
“I don’t really know why we are here,” he said.
- The judge confirmed from court records that Sowore had not been personally served with the charge, while the second and third defendants (X and Meta) were served electronically.
- The judge then directed that Sowore be served with the charge by the DPP in open court, which was done.
Meta’s lawyer again argued he was not aware of service of a criminal charge on a foreign entity by email without a prior court order.
- Abubakar, counsel for Sowore, insisted that a three-day window be granted for his client to review the charges and prepare his defense in accordance with relevant law.
The DPP conceded to the adjournment.
- Meta’s lawyer, Tayo-Oyetibo, told the judge that if the DPP intends to proceed with the criminal charge, “we will file an application to strike out our name from the charge.”
- The judge advised Tayo-Oyetibo to make his application formal, not oral.
- The case was adjourned to October 27 for arraignment.
What You Should Know
Sowore’s case adds to a growing list of prosecutions under the Cybercrimes Act, which has become one of the most cited pieces of legislation in Nigeria’s digital space.
In March 2024, social media activist Okoli Chioma was charged in Anambra State for allegedly publishing false claims about a businessman’s private life on Facebook. The post was deemed harmful to his reputation, marking one of the first major tests of the amended law.
In July 2024, popular comedian and skit maker Trinity Guy was arraigned after posting a prank video authorities described as “misleading and capable of inciting public disorder.” Though later granted bail, his case sparked heated debates on whether satire should fall within cybercrime regulation.
Journalists have also faced scrutiny under the Act. In September 2024, Daniel Ojukwu, a reporter with the Foundation for Investigative Journalism (FIJ), was briefly detained for alleged violations related to online reporting.
Civil society groups argued the government risked using the cybercrime law as a backdoor to stifle press freedom.
Similarly, in October 2024, Enugu-based activist Chuka Nnamdi was arrested and charged over posts critical of state government officials. His case drew attention from international human rights organisations, warning against weaponising cybercrime legislation against political opponents and dissenting voices.
Nairametrics reported that the Socio-Economic Rights and Accountability Project (SERAP) recently called on President Bola Tinubu to halt alleged use of the Cybercrimes Act to harass and detain journalists, critics, and citizens exercising their right to free expression online.
