The battle for free speech in Nigeria has taken center stage once again, as human rights lawyer Femi Falana, SAN, has called on the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to drop cyberbullying charges against activist and former presidential candidate Omoyele Sowore.
In a letter dated March 4, 2025, and acknowledged by the AGF’s office on Wednesday, Falana argued that the case filed by the Inspector General of Police (IGP) Kayode Egbetokun violates both constitutional and legal provisions. Falana stressed that a police officer cannot institute a legal case in his own personal interest.
“The charge filed by the Inspector General of Police against a Nigerian citizen who simply exercised his right of criticism is a gross violation of the 1999 Constitution, the Police Act 2020, and Regulation 367 of the Nigeria Police Regulation,” the letter, signed by Marshal Abubakar on behalf of Falana & Falana’s Chambers, stated.
It further cited the regulation’s clear stipulation that no police officer shall pursue legal action arising from public duties for personal reasons.
At the heart of this legal battle is a social media post. Sowore, a fierce government critic and former African Action Congress presidential candidate, called Egbetokun an “illegal IGP” on his verified X (formerly Twitter) account. In response, the police charged him under Section 24 of the Cybercrime Act of 2015; a law critics have long accused of being weaponized to silence dissent.
Adding another layer of controversy is the question of Egbetokun’s tenure. His appointment as IGP, which took effect on October 31, 2023, would have been set to end when he reached the civil service retirement age of 60 on September 24, 2024. However, the newly amended Police Act allows an IGP to complete a four-year term, regardless of retirement age. Despite official clarifications from the AGF affirming the legality of his continued stay, public debates persist.
Sowore’s legal team maintains that the charges represent an abuse of legal process. “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,” the letter concluded.
Source: Ripples
