Justice Mohammed Umar of the Federal High Court, Abuja, has dismissed a fundamental rights enforcement suit filed by politician and online publisher Omoyele Sowore against the Department of State Services (DSS), its Director-General, and Meta Platforms.
In his judgment, Justice Umar resolved all three issues for determination against Sowore, refused the reliefs sought, and held that the suit lacked merit.
Sowore had alleged that Meta, acting on the instruction of the DSS and its Director-General, removed a Facebook post in which he described President Bola Tinubu as a “criminal” and subsequently deactivated his account.
In the post, published on August 26, 2025, Sowore criticised the President, accusing him of dishonesty over claims about corruption in Nigeria.
He argued that the takedown of the post and deactivation of his account, allegedly without prior notice, violated his constitutional rights to fair hearing, freedom of expression, and association.
However, in resolving the first issue, Justice Umar held that the claim of denial of fair hearing was misconceived. He ruled that the right to fair hearing under Section 36(1) of the 1999 Constitution applies only to proceedings before courts or tribunals established by law, not to actions taken by non-judicial bodies such as the respondents.
On the issue of freedom of expression and association, the court found that the actions of the DSS and Meta did not amount to a violation of Sowore’s rights.
The judge emphasised that fundamental rights are not absolute and may be restricted to protect the rights and reputation of others.
“Expression can be restricted to protect the rights, reputation, or privacy of others. Where an expression is meant to disparage an individual or group, the law will not permit it,” Justice Umar held, citing the limitations provided under Section 45 of the Constitution.
He further noted that the DSS, by reporting the post to Meta for allegedly breaching Nigerian law, merely utilised the platform’s complaint mechanism and did not infringe on Sowore’s rights.
The court agreed with the respondents that any action taken by Meta was based on its internal policies and independent judgment.
On whether Sowore was entitled to the reliefs sought, the judge held that the applicant failed to establish his claims.
“A careful review of the affidavit evidence shows that the applicant has not demonstrated that his rights have been or are likely to be violated,” the court held, adding that the application was devoid of merit.
Consequently, the suit was dismissed in its entirety.
Following applications for costs by counsel to the DSS, led by Akinlolu Kehinde (SAN), and counsel to Meta, Victoria Bassey, the court awarded ₦1.5 million in costs against Sowore, ₦500,000 each to the three respondents.
