The decision by Inspector General of Police, Kayode Egbetokun, to file cybercrime charges against human rights activist Omoyele Sowore, violates the Nigerian Police Regulations and Act, SaharaReporters has learned.
Egbetokun initiated legal action against Sowore for social media comments, referring to him as an “illegal IG.”
However, the activist pleaded not guilty to all 16 counts during his arraignment before Justice Musa Liman at the Federal High Court in Abuja on Wednesday.
Following his plea, Sowore’s counsel, Marshall Abubakar, orally applied for bail. Justice Liman adjourned the hearing until 3 p.m. to rule on both the oral and formal bail applications submitted by Sowore’s lawyer.
Meanwhile, SaharaReporters has learned that Egbetokun’s decision to prosecute Sowore contravenes the Police Act and Regulations. Section 367 (1) states that no police officer shall initiate legal proceedings in their personal interest or related to their public duties without prior government approval.
According to the Police Act and Regulations, “Except with the prior approval of the government, no police officer shall institute any legal proceedings in his own personal interest in connection with matters arising out of his public duties.”
SaharaReporters learnt that the main purpose of the section is to prevent situations where a police officer might use his position or knowledge gained from his job to gain personal advantage in a legal case.
Count 1 of the revised charges against Sowore reads, “That you, Omoyele Sowore, on the 13th day of December 2024, within the jurisdiction of this Honorable Court, did intentionally and knowingly send messages through your verified X handle account, ‘Omoyele Sowore,’ and caused a publication against the Inspector General of Police, where you called him ‘illegal IGP Kayode Egbetokun.’ This statement, which you knew to be false, was intended to cause a breakdown of law and order. By causing this message to be sent, you committed an offence contrary to Section 24(1)(b) of the Cybercrime (Prohibition, Prevention, Etc.) Act, 2015, as amended (2024), and punishable under Section 24(2)(c)(ii) of the same Act.”
Count 2 reads, “That you, Omoyele Sowore, intentionally and knowingly caused the transmission of messages through your verified X handle account, ‘Omoyele Sowore,’ and caused a publication against the Inspector General of Police, calling him ‘illegal IGP Kayode Egbetokun.’ This statement, which you knew to be false, tagged the verified Nigeria Police Force X handle, @policeNG. The publication contained threats intended to incite Nigerians against the Nigeria Police Force and harm the property or reputation of the Inspector General of Police or the Nigeria Police Force. By so doing, you committed an offence punishable under Section 24(2)(c)(ii) of the Cybercrime (Prohibition, Prevention, Etc.) Act, 2015, as amended (2024).”
Count 3 reads, “That you, Omoyele Sowore, on December 20, 2024, intentionally and knowingly sent messages through your verified X handle account, ‘Omoyele Sowore,’ and caused a publication against the Inspector General of Police, stating: ‘The illegal IG of Nigeria Police Force, Kayode Egbetokun, will make the next #ENDSARS inevitable! He is working tirelessly towards it. Just a matter of time. #EgbetekunMustGo #Revolution.’ This statement, which you knew to be false, was intended to cause a breakdown of law and order. By causing this message to be sent, you committed an offence.”
NBA President, @ShehuSani In Abuja Court To Support @YeleSowore Amid Cybercrime, ‘Illegal IG’ Allegations | Sahara Reporters pic.twitter.com/0LZcvHIDfC
— Sahara Reporters (@SaharaReporters) January 29, 2025
