Human rights lawyer Femi Falana, SAN, has written to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to withdraw the cyberbullying charge against Omoyele Sowore.
In a letter dated 4th March 2025, Falana stated that a police officer should not use his position to file a case that serves personal interest.
He addressed the letter to Fagbemi and the Federal Ministry of Justice, saying the charge against Sowore is abuse of power.
Falana said the charge under Reference No: FHC/ABJ/CR/23/2025 contravenes established legal principles.
He cited the 1999 Constitution, the Police Act 2020 and Regulation 367 of the Nigeria Police Regulation that no police officer can initiate legal proceedings in his own personal interest or in relation to matters arising from his public duties.
He said the charge was brought because Sowore criticised the Inspector General of Police, Kayode Egbetokun, on his verified X account.
Falana’s letter signed by Marshal Abubakar on behalf of Falana & Falana’s Chambers means legal action must serve public interest not personal vendettas.
He quoted Section 174 of the Constitution that gives the Attorney General the power to initiate criminal proceedings for the sake of justice and to prevent abuse of process.
The Punch reported that Egbetokun took Sowore to a Federal High Court in Abuja in January for calling him an “illegal IGP”.
The Nigeria Police Force argued that Sowore’s statement breached Section 24 of the Cybercrime Act of 2015.
There has been controversy surrounding Egbetokun’s continued tenure especially with regards to his age.
But the Attorney General confirmed in January that Egbetokun’s tenure remains valid under the newly amended Police Act.
This amendment allows an IGP to serve a full four years term regardless of his retirement age.
Egbetokun was appointed on 31st October 2023 and was supposed to retire on 24th September 2024.
But the amendment allows him to complete his term as specified in Section 7(6) of the Act.Sowore’s team say IGP abused his power by directing legal officers to charge him. Sowore pleaded not guilty.
His lawyers asked the Minister of Justice and AG to withdraw the charge, citing Cyber Crimes Amendment Act 2024, Section 174 and Section 355 ACJA 2015.