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The Socio-Economic Rights and Accountability Project (SERAP) has expressed concern after the Federal High Court sitting in Abuja dismissed the no-case submission made by activist and former presidential candidate, Omoyele Sowore, in the case of alleged cyberbullying of President Bola Tinubu brought against him by the Department of State Service (DSS).
In a ruling delivered on Friday, Justice Mohammed Garba Umar said Sowore had a case to answer and ordered him to enter his defence.
Reacting to the ruling, SERAP decried alleged persistent use of criminal defamation lawsuits by the government of President Bola Tinubu to target activists, journalists, bloggers and other Nigerians solely for the peaceful exercise of their human rights.
The rights group said, “While we respect the role of the judiciary and the importance of due process, the decision to proceed with this prosecution raises significant human rights concerns, particularly regarding the protection of freedom of expression in Nigeria.
“The charges against Mr Sowore appear to stem from the peaceful expression of opinions on matters of public interest. International human rights law is clear that public officials, including heads of state, are subject to a higher threshold of criticism. Criminal proceedings based on critical or offensive speech risk undermining democratic accountability and open debate.
“SERAP is further concerned that the continued prosecution of Mr Sowore would have a chilling effect on journalists, activists, and citizens who seek to express dissenting views or hold those in power accountable. The use of broadly framed laws, including cybercrime provisions, to penalise speech creates a dangerous precedent for civic space in Nigeria.
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“Under Section 39 of the Nigerian Constitution 1999 (as amended), every person has the right to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference.
“This right is reinforced by Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights, both of which Nigeria is a state party. Safeguarding the right to free expression and ensuring fair trial guarantees are essential to maintaining public confidence in the justice system.”
SERAP urged the Nigerian authorities to immediately withdraw all criminal defamation charges against Sowore, noting that those charges were entirely inconsistent and incompatible with Nigeria’s constitutional and international human rights obligations.
It stated, “Nigerian authorities must drop defamation charges against all journalists, activists, human rights defenders and other Nigerians solely for the peaceful exercise of their human rights.
“Authorities must fully comply with the judgment of the ECOWAS Court of Justice on the Cybercrimes Act by immediately repealing repressive provisions of the Act, including Section 24.
“The National Assembly should act promptly to review and amend laws that are prone to abuse, including provisions of the Cybercrimes Act, to ensure compliance with international human rights standards.”
