Human rights lawyer Femi Falana, SAN, has called on the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, to withdraw the cyberbullying charge filed against activist Omoyele Sowore by the Inspector General of Police (IGP), Kayode Egbetokun.
In a letter dated March 4, 2025, addressed to the AGF and acknowledged by the Federal Ministry of Justice, Falana argued that a police officer does not have the legal authority to initiate a case based on personal grievances. He stated that the charge against Sowore contradicts legal provisions and should be discontinued.
The case, filed under Charge No: FHC/ABJ/CR/23/2025, stems from Sowore’s criticism of the IGP on his verified X (formerly Twitter) account, where he referred to Egbetokun as an “illegal IGP.” The Nigeria Police Force claimed that this act violated Section 24 of the Cybercrime Act of 2015.
Falana’s letter, signed on his behalf by lawyer Marshal Abubakar, pointed out that the charge violates the 1999 Constitution, the Police Act of 2020, and Nigeria Police Regulations. It cited Regulation 367, which clearly states that police officers cannot initiate legal proceedings for personal reasons or in relation to matters arising from their official duties.
Additionally, the letter referenced Section 174 of the Constitution, which grants the AGF the authority to oversee criminal proceedings. It further stated that such prosecutions must align with public interest, justice, and the need to prevent abuse of legal processes.
The case against Sowore has sparked debate, especially amid ongoing discussions about Egbetokun’s tenure as IGP. Questions were raised about whether he should remain in office after reaching the mandatory retirement age of 60. However, in January, the AGF affirmed that Egbetokun’s stay was legal under an amended provision of the Police Act, which allows an IGP to serve a full four-year term regardless of age.
Sowore’s legal team also pointed out that the IGP, as the complainant, used police legal officers under his command to file a 16-count charge against Sowore. During his arraignment, Sowore pleaded not guilty.
Falana urged the AGF to exercise his authority under Section 174 of the Constitution and Section 355 of the Administration of Criminal Justice Act (ACJA), 2015, to withdraw the case. The letter concluded with a formal request for the AGF to act in the interest of justice and prevent misuse of the legal system.
