The Federal High Court in 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 Incorporated, ruling that the case lacked merit.
Delivering judgment, Justice Mohammed Garba Umar resolved all issues raised in the suit against Sowore, holding that his claims of rights violations were unfounded under the law.
Sowore had approached the court in suit number FHC/ABJ/CS/1887/2025, alleging that Meta, acting on the instruction of the DSS and its Director-General, unlawfully removed a Facebook post he made and subsequently deactivated his account. In the post published on August 26, 2025, Sowore referred to President Bola Tinubu as a “criminal,” a statement that triggered the controversy.
He argued that the takedown of the post and the deactivation of his account without prior notice violated his constitutional rights to fair hearing, freedom of expression, and freedom of association.
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However, Justice Umar disagreed with these assertions.
On the issue of fair hearing, the court held that the right, as guaranteed under Section 36(1) of the 1999 Constitution (as amended), applies strictly to proceedings before courts or tribunals established by law. The judge ruled that actions taken by non-judicial bodies such as the DSS and Meta do not fall within the scope of that provision, thereby rendering Sowore’s claim invalid
Addressing the claims of violation of freedom of expression and association, the court emphasized that such rights are not absolute. Justice Umar noted that the Constitution permits restrictions where necessary to protect the rights and reputation of others. He held that expressions deemed disparaging or defamatory do not enjoy constitutional protection.
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The court further found that the DSS merely utilized Facebook’s reporting mechanism to flag the post, while Meta independently determined its actions in line with its internal policies. Consequently, the judge ruled that neither the DSS nor Meta infringed on Sowore’s rights.
On whether Sowore was entitled to the reliefs sought, the court held that he failed to substantiate his claims with sufficient evidence. Justice Umar stated that the applicant did not demonstrate that his constitutional rights had been violated or were under threat.
“In the light of the foregoing, this court finds no merit in the application and it is hereby dismissed,” the judge ruled
Following applications for costs by counsel to the respondents, the court awarded a total of ₦1.5 million against Sowore, with ₦500,000 granted to each of the three respondents — the DSS, its Director-General, and Meta Platforms Incorporated.
The ruling reinforces the position that while freedom of expression is constitutionally guaranteed in Nigeria, it is subject to lawful limitations, particularly where it affects the reputation and rights of others, and that social media platforms retain the authority to regulate content under their own policies.
