The Federal High Court in Abuja, on Wednesday, declined a request by the Department of State Services (DSS) to issue a bench warrant for the arrest of activist and publisher of Sahara Reporters, Omoyele Sowore, in his ongoing defamation trial.
Sowore is being prosecuted over comments made on social media in which he allegedly described President Bola Tinubu as a “criminal.”
The Federal government argues the statement contravenes provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, as well as sections of the Criminal Code, and is capable of inciting public disorder.
Director of Public Prosecutions, M. B. Abubakar, told the court that Sowore’s remarks amounted to cyber harassment and criminal defamation under Section 24(1)(b) of the Cybercrimes Act and Sections 59 and 375 of the Criminal Code.
He insisted the activist must be held accountable for using digital platforms to malign the President.
During proceedings, counsel to the DSS, Akinlolu Kehinde, SAN, urged the court to issue a bench warrant, arguing that Sowore had been duly served with the charge and hearing notice but failed to appear.
He described the absence as a clear disregard for judicial authority.
According to Kehinde, allowing such conduct to go unchallenged could undermine the court’s authority — particularly in politically sensitive matters involving state institutions.
He also dismissed a letter submitted by activist Deji Adeyanju seeking an adjournment on Sowore’s behalf, describing it as an attempt to delay the case.
However, presiding Judge, Justice Mohammed Umar, declined the request. He ruled that it would be premature to issue a bench warrant because the second defendant in the matter, X Corporation (formerly Twitter), had not been properly served with the charge sheet.
The judge held that due process in serving all defendants must be completed before any coercive orders can be considered.
Counsel to X Corporation, Christabel Ndiokwelo, confirmed that although her client received the hearing notice, the formal charges had not yet been served.
Counsel to META (Facebook), Tayo Oyetibo (SAN), was also in court.
He aligned with the government’s position, describing Sowore’s absence as deliberate. He also dismissed Sowore’s claims that social media companies were collaborating with the DSS to censor him as “baseless and diversionary.”
Justice Umar adjourned the case to December 2, 2025, for proper arraignment, and directed that fresh hearing notices and charge documents be served on all parties to prevent further delays.