RismadarVoice Reporters, August 31, 2026
The State Security Service (SSS), also known as the Department of State Services (DSS), has defended its decision to seek a temporary suspension of the ongoing cyberstalking trial of human rights activist and African Action Congress presidential candidate, Omoyele Sowore.
The agency said the move was intended to enable Sowore to participate fully in political activities ahead of the 2027 general elections.
The SSS Director-General, Oluwatosin Ajayi, had directed the agency’s lawyer, Akinola Kehinde, to approach the Federal High Court for a suspension of the case, which has been ongoing for nearly a year.
Sowore is facing prosecution over social media posts in which he allegedly described President Bola Tinubu as a “criminal.”
According to the SSS, the proposed suspension would remain in effect until after the 2027 presidential election.
The agency’s position has, however, attracted legal criticism. Constitutional lawyer Festus Ogun described the request as lacking a legal basis and amounting to an abuse of judicial process. He argued that the prosecution could instead discontinue or withdraw the case if it no longer intended to proceed with it.
Speaking in a telephone interview, Kehinde said the request was supported by international instruments to which Nigeria is a signatory.
He cited the ECOWAS Supplementary Protocol on Democracy and Good Governance, the African Charter on Democracy, Elections and Governance, the African Union Declaration on Principles Governing Democratic Elections in Africa and the International Covenant on Civil and Political Rights, among others.
The instruments generally protect citizens’ rights to participate in public affairs, contest elections and take part in free and credible democratic processes.
However, the provisions cited do not expressly confer immunity from criminal prosecution on political candidates ahead of elections. They instead require restrictions on political participation to be lawful, objective, reasonable and proportionate.
As a result, the prosecution of a political candidate before an election does not, by itself, amount to a violation of the conventions. Questions could arise where prosecution is shown to be politically motivated, selective, arbitrary, procedurally unfair or deliberately intended to prevent an eligible candidate from participating in an election.
Kehinde acknowledged that the decision to grant the request ultimately rests with the court.
In a statement, the SSS said its request would be formally presented to the Federal High Court from September 14, when the court is expected to resume proceedings after its annual vacation.
The agency maintained that the temporary suspension was aimed at allowing Sowore to participate in the electioneering process without the pending case interfering with his political activities.
Kehinde was also asked what would happen if Sowore eventually emerged as president-elect in the 2027 election.
The SSS counsel said the case could remain suspended for the duration of the president-elect’s tenure, depending on the circumstances, because of the constitutional immunity enjoyed by a sitting president.
