Falana urges Tinubu, AGF to withdraw cybercrime charges against Sowore

Senior Advocate of Nigeria (SAN) Femi Falana has urged President Bola Tinubu and the Attorney General of the Federation (AGF) and Minister of Justice, u, to discontinue the cybercrime charges brought against activist Omoyele Sowore by the Nigerian police.

Mr Falana, acting as a lawyer to Mr Sowore, made the request in a letter dated 4 March and received by the AGF office on 5 March.

The letter was copied to Rotimi Oyedepo, a Senior Advocate of Nigeria and Senior Assistant to President Tinubu on Public Prosecution Compliance.

It accused the Inspector-General of Police (IGP) Kayode Egbetokun instigating the prosecution of Mr Sowore for criticising the recent extension of his tenure as the IGP.

It also noted that the case comprising 16 counts of cybercrime violates Nigeria’s constitution and the Police Act, 2020

“It is instructive to note that the Charge filed by the Inspector General of Police against a Nigerian citizen who simply exercised his right of criticising him is a gross violation of the 1999 Constitution,” Mr Falana wrote, adding that “the Police Act, 2020 and Regulation 367 of the Nigeria Police Regulation provides that no police officer shall institute any legal proceeding in his own personal interest or in connection with matters arising out of his public duties.”

He further cited how the Federal Government of Nigeria amended the Cybercrimes Act 2015 in February 2024 in a bid to decriminalise the fundamental right of the Nigerian people to freedom of expression guaranteed by section 39 of the Nigerian constitution and Article 9 of the African Charter on Human and Peoples Rights.

Urging the AGF to exercise his power to terminate the trial, Mr Falana wrote, “Section 174 of the Constitution which vests in your good self the powers to institute and undertake any criminal proceedings personally or through officers in your department, stipulates in section 174 (3) that such prosecution shall be in regard to public interest, the interest of justice and the need to prevent abuse of legal process.

“In line with the letter and spirit of the said Cyber crimes Amendment Act, 2024, we hereby request you, Honourable Minister of Justice and Attorney General of the Federation, to use your good office to discontinue the charge pursuant to your powers under Section 174 (1) (b) (c) and (2) and Section 355 of the ACJA, 2015,” Falana added.”

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Sowore’s foreign trip blocked

The request for the withdrawal of the charges came as the trial court- the Federal High Court, Abuja, – refused to grant Mr Sowore permission to travel abroad for family and medical reasons.

The judge, Musa Liman, supported the Nigerian police to reject Mr Sowore’s request to travel to the United States of America to meet with his wife and two children and keep a medical appointment with his doctor.

Mr Sowore, who is being prosecuted by the police on cybercrime charges, stood in the dock on Tuesday for a ruling over his request for the release of his passport for the United States trip.

The activist, who is on bail, faces 16 amended counts of cybercrime filed against him by the Nigerian police.

The charges stemmed from Mr Sowore’s social media posts referring to IGP Egbetokun as an “illegal IGP” for remaining in office beyond statutory retirement age.

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Reacting to Tuesday’s ruling, Mr Sowore said that he was not surprised by the judge’s actions, alleging that there was a scheme by the government to withhold his passport for long.

“We predicted this outcome, and the judge has done his worst denying me the passport they had targeted all along. There is nothing surprising about today’s decision. We knew from the beginning that they were working together to deny me my right to freedom of movement and prevent me from exercising my fundamental rights as a Nigerian citizen,” Mr Sowore said, adding that “this is something they have done since my university days when I was expelled twice by the military. The persecution has never stopped.”

Before his arraignment, Mr Sowore was invited by the Force Criminal Investigation Department over a tweet the police deemed offensive.

The court granted him bail on 30 January under stringent conditions, including a N10 million bond and the surrendering of his passport.