Justice Mohammed Umar of the Federal High Court in Abuja on Monday fixed May 8, 2026, to rule on the no-case submission filed by activist and publisher of Sahara Reporters, Omoyele Sowore, in his ongoing cyberstalking trial instituted by the Department of State Services over alleged defamatory posts against President Bola Ahmed Tinubu.
The DSS is prosecuting Sowore over social media posts in which he allegedly described Tinubu as a “criminal.”
The trial judge adjourned for ruling after counsel for both parties adopted their final written addresses for and against the no-case submission filed by the defendant on April 21, 2026.
Arguing the application, Sowore’s counsel, Marshall Abubakar, urged the court to dismiss the charges, discharge and acquit his client on the grounds that the prosecution failed to establish a prima facie case against him.
Abubakar told the court that the DSS failed to link Sowore to the alleged offences through credible evidence.
He argued that a review of the prosecution’s evidence showed that the defendant was not sufficiently connected to the alleged cyberstalking offences arising from the social media posts.
The lawyer further contended that the prosecution failed to call vital witnesses necessary to prove its case, describing the omission as fatal to the charges.
He consequently prayed the court to uphold the no-case submission and terminate the trial.
Opposing the application, counsel for the DSS, Akinlolu Kehinde (SAN), informed the court that the prosecution had filed a response on April 23, urging the judge to reject the application.
Kehinde argued that the prosecution, through its witnesses and exhibits already tendered before the court, had established a prima facie case requiring Sowore to open his defence.
He therefore urged the court to order the defendant to enter his defence.
Following the adoption of arguments by both parties, Justice Umar fixed May 8 for ruling.
The DSS, acting on behalf of the Federal Government, had earlier amended the charges against Sowore before his re-arraignment on December 5, 2025.
In the amended two-count charge marked FHC/ABJ/CR/484/2025, the Federal Government accused the former presidential candidate of the African Action Congress of cyberstalking and making false statements against the President through his social media accounts.
According to the charge, Sowore allegedly posted on his verified X handle, @YeleSowore, on August 25, 2025, that, “This criminal @officialABAT actually went to Brazil to state that there is no more corruption under his regime in Nigeria. What audacity to lie shamelessly.”
The prosecution alleged that the post was knowingly false and capable of causing a breakdown of law and order in Nigeria.
A similar allegation was made in the second count concerning a post allegedly published on Sowore’s Facebook account on the same date.
The offences were said to contravene provisions of Section 24(1)(b) and Section 24(2)(a), (b) and (c) of the Cybercrimes (Prohibition, Prevention and Amendment) Act, 2024.
Sowore, however, pleaded not guilty to the charges.
The DSS subsequently called witnesses and tendered exhibits in an attempt to establish the allegations against him before the defence filed the no-case submission.