The Socio-Economic Rights and Accountability Project (SERAP) and Amnesty International have given President Bola Tinubu seven days to instruct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN), to immediately withdraw the cybercrime and defamation charges filed against activist Omoyele Sowore, as well as against the owners of X (formerly Twitter) and Facebook, over Sowore’s alleged critical posts about the president on the platforms.
SERAP and Amnesty International urged him to direct the Department of State Services (DSS) and other security and law enforcement agencies to immediately stop misusing the judicial processes to silence public criticism and violate Nigerians’ rights through the use of Strategic Lawsuits Against Public Participation (SLAPPs) or similar forms of harassment.
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SERAP and Amnesty International also urged him to direct Mr. Fagbemi to urgently prepare an anti-SLAPP legislation for the National Assembly, to protect Nigerians from the weaponisation of the justice system by the DSS and other security and law enforcement agencies and to safeguard the right to freedom of expression.
In the letter dated September 20, 2025, and jointly signed by SERAP deputy director Kolawole Oluwadare and AI Nigeria director Isa Sanusi, the groups said, “The weaponisation of the justice system to crackdown on peaceful dissent is entirely inconsistent with the Nigerian constitution 1999 [as amended] and the country’s international human rights obligations.
“SLAPP and criminal defamation lawsuits are neither necessary nor proportionate under the Nigerian constitution and human rights treaties to which Nigeria is a state party. Such lawsuits generate a chilling effect that inhibits the enjoyment of human rights and circulation of ideas and information.”
According to the groups, “A lawsuit challenging the legality and compatibility of the provisions of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 with the rights to freedom of expression and information is also pending before the ECOWAS Court.
“As a matter of the rule of law, the DSS and other security and law enforcement agencies cannot and should not use the amended Act to silence peaceful dissent pending the hearing and determination of the lawsuit by the court.
“Your government has the legal obligations to prevent harassment through legal processes against Nigerians peacefully exercising their human rights, and to protect the legitimacy, independence and impartiality of the hearing of the lawsuit on the Cybercrimes Act pending before the ECOWAS Court.
“The use of SLAPP and criminal defamation lawsuits is incompatible with the fundamental principles of a democratic society, to which Nigeria aspires. Politicians and other public officials and agencies should tolerate a high degree of criticism due to their public position in democratic societies.
“Nigerian authorities not only have a negative obligation to abstain from unduly interfering with human rights but also have a positive obligation to facilitate and protect these rights.
“Freedom of expression is a fundamental human right and full enjoyment of this right is central to achieving individual freedom and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society.
“Any restrictions on human rights including the right to freedom of expression must meet the conditions of legality, serve as one of the legitimate purposes expressly provided for in the Nigerian constitution and human rights treaties, and must be necessary, and proportionate to that purpose.
“Nigerian courts and regional human rights courts have consistently held that politicians should expect far greater criticism of their actions and their functioning than ordinary individuals. These courts and other human rights mechanisms have renounced the use of defamation as a legal tool to suffocate dissent.
“The use of SLAPP and criminal defamation lawsuits by security and law enforcement agencies with the purpose of silencing criticism is a threat to freedom of expression. SLAPP lawsuits pose serious risks to democracy and the rule of law as they limit public participation.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, we would consider all appropriate legal actions including before the ECOWAS Court of Justice to compel your government to comply with our request in the public interest.
“According to our information, the Federal Government recently charged Sahara Reporters publisher and activist Omoyele Sowore alongside X and Facebook owners over Mr. Sowore’s recent alleged ‘anti-Tinubu’ posts on the social media platforms.
“Two of the counts are brought under the Cybercrimes Act while the other three charges of criminal defamation, causing public fear and disturbance are brought under the Criminal Code Act.
“The suit dated 16th September,2025, was lodged at the Federal High Court in Abuja after Sowore allegedly refused to delete certain posts allegedly critical of President Tinubu. The charges were brought on behalf of the DSS and the Federal Government by the Director of Public Prosecutions at the Ministry of Justice.
“The DSS in May 2025 also filed a SLAPP lawsuit against Professor Pat Utomi, a former presidential candidate, accusing him of attempting to illegally usurp President Bola Tinubu’s executive powers by setting up a shadow government.
“In the suit marked FHC/ABJ/CS/937/2025, filed at the Federal High Court in Abuja, the DSS alleged that Utomi’s actions posed a threat to national security and constitutional order.
“The 2007 presidential candidate of the African Democratic Congress was named as the sole defendant in the suit. DSS operatives in October 2024 also filed a SLAPP lawsuit against SERAP over allegations of an unauthorised office invasion.
“These cases illustrate the growing use of SLAPP lawsuits by the DSS and other security and law enforcement agencies in Nigeria to target, harass and intimidate Nigerians for the peaceful exercise of their human rights.
“We are concerned that SLAPP lawsuits have a chilling effect on the exercise of the right to freedom of expression and other fundamental human rights protected under the Nigerian constitution and the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.”