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March 5, 2025
In a letter addressed to the Attorney General, Falana’s chambers condemned the 16-count charge against Sowore, describing it as unconstitutional and an abuse of legal process.
The legal chambers of human rights lawyer Femi Falana (SAN) have urged the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to withdraw all charges filed against prominent human rights activist and #RevolutionNow convener, Omoyele Sowore, by Inspector General of Police (IGP) Kayode Egbetokun.
In a letter addressed to the Attorney General, Falana’s chambers condemned the 16-count charge against Sowore, describing it as unconstitutional and an abuse of legal process.
The case, marked FHC/ABJ/CR/23/2025, was filed by the IGP after Sowore publicly criticized the President Bola Tinubu-led government for extending Egbetokun’s tenure in violation of existing laws.
The police subsequently arraigned Sowore before the court on a 16-count amended charge but he pleaded not guilty to all charges.
Egbetokun filed trumped-up charges against Sowore, former presidential candidate of the African Action Congress (AAC), in what has been described as a politically motivated case.
The charges follow Sowore’s repeated references to Egbetokun as an “illegal IGP” on social media.
Sowore, a vocal critic of President Bola Tinubu’s administration, now faces a 16-count cybercrime charge filed under the Cybercrime (Prohibition, Prevention, Etc.) Act, 2015. The IGP alleges that Sowore’s statements were false and aimed at inciting public disorder.
However, critics argue that Egbetokun's legal action violates the Nigeria Police Act and Regulations.
Section 367(1) of the Act explicitly prohibits police officers from initiating legal proceedings in their personal interest regarding public duties without prior government approval. This provision is designed to prevent officers from exploiting their positions for personal legal battles.
The case has sparked widespread debate, with legal experts and activists condemning what they see as an attempt to silence dissent through legal intimidation.
In its letter to the Attorney General of the Federation (AGF), signed by Marshal Abubakar and dated March 4, 2025, Falana & Falana’s Chambers argued that the charges against Sowore violate Section 39 of the 1999 Constitution, which guarantees freedom of expression, as well as Article 9 of the African Charter on Human and Peoples’ Rights.
The firm also highlighted that the Cybercrimes Act was amended in February 2024 to prevent the criminalization of free speech, making the charges legally questionable.
Citing Section 174 of the Constitution, which grants the Attorney General the power to take over or discontinue criminal proceedings in the interest of justice, Falana’s chambers urged AGF Lateef Fagbemi to exercise his authority and withdraw the case.
Additionally, the letter referenced Regulation 367 of the Nigeria Police Regulations, which prohibits police officers from initiating legal action in their personal interest or in connection with their public duties, reinforcing claims that IGP Egbetokun’s case against Sowore is unlawful.
“In line with the letter and spirit of the Cybercrimes Amendment Act, 2024, we hereby request you, Honourable Minister of Justice and Attorney General of the Federation, to discontinue the charge pursuant to your powers under Section 174 (1) (b) (c) and (2) of the Constitution and Section 355 of the ACJA, 2015,” the letter read.
The chambers urged the Attorney General to act swiftly in the interest of justice and to prevent the abuse of legal processes.
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