The Federal High Court in Abuja has fixed 8 May 2026 to rule on the no-case submission filed by activist and publisher Omoyele Sowore in his ongoing cyberstalking trial instituted by the Department of State Services (DSS).
Justice Mohammed Umar adjourned for ruling after both the defence and prosecution adopted their final written addresses in the case, which centres on alleged defamatory social media posts against President Bola Ahmed Tinubu.
The DSS is prosecuting Sowore over posts on his social media accounts in which he allegedly described President Tinubu as a “criminal,” an allegation the government argues violates provisions of the Cybercrimes law.
Sowore’s counsel, Marshall Abubakar, urged the court to uphold the no-case submission, arguing that the prosecution had failed to establish a prima facie case. He maintained that the DSS did not provide sufficient credible evidence linking Sowore directly to the alleged offences.
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Abubakar further argued that key witnesses were not called by the prosecution, insisting that the omission weakened the case and made it impossible for the court to require the defendant to enter his defence.
He therefore asked the court to discharge and acquit Sowore.
However, DSS counsel, Senior Advocate of Nigeria Akinlolu Kehinde, opposed the application, insisting that the prosecution had already established sufficient evidence to require a defence. He argued that witness testimonies and exhibits tendered in court demonstrated a prima facie case against the defendant.
Kehinde urged the court to dismiss the no-case submission and order Sowore to open his defence.
Following arguments from both sides, Justice Umar fixed May 8, 2026, for ruling on whether the activist will be required to enter his defence or be discharged.
The DSS, acting on behalf of the Federal Government, had earlier amended the charges before Sowore’s re-arraignment on 5 December 2025. In the amended two-count charge, he was accused of cyberstalking and knowingly publishing false statements about the President via his verified X account.
One of the posts cited by the prosecution allegedly criticised Tinubu’s comments during a foreign trip, describing them as false and damaging. The DSS claims the publications could incite public disorder.
Sowore has pleaded not guilty to all charges, maintaining that his posts fall within constitutionally protected free speech and political expression.
The ruling expected in May is seen as a key moment in the high-profile case, which continues to fuel national debate on the boundaries between free expression, political criticism, and cybercrime legislation in Nigeria.
