The Department of State Services (DSS) has directed its counsel, Akinlolu Kehinde, SAN, to seek an adjournment of the alleged cybercrime case against African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 presidential election.
According to a source familiar with the matter, the move is intended to allow Sowore to fully participate in the electioneering process without the court proceedings hindering his political activities.
The DSS instituted the case over social media posts in which Sowore described President Bola Tinubu as a “criminal”.
The posts, published on Sowore’s X account and Facebook page on August 25, 2025, prompted the secret police to give him a seven-day ultimatum to remove them.
After the deadline expired without the posts being taken down, the DSS approached the Federal High Court on September 16, 2025, seeking a judicial determination of whether it was lawful for an individual to publicly describe the President or any other person as a “criminal”.
The agency initially joined X, formerly known as Twitter, and Meta, the parent company of Facebook, in the suit. However, the Federal High Court in Abuja later struck out the two technology companies from the case, leaving Sowore as the sole defendant.
Sowore pleaded not guilty to the amended charges brought against him under the Cybercrimes Act 2024.
The activist has consistently criticised the prosecution, describing it as politically motivated and an attempt to restrict his freedom of expression.
He also instituted fundamental rights suits against the DSS and the technology companies, challenging what he described as attempts to censor him.
However, a source close to the DSS legal team said the agency’s Director-General, Tosin Ajayi, met with the senior lawyer and senior officers of its legal directorate on August 20 to consider pausing the case.
The meeting reportedly came shortly after the Independent National Electoral Commission (INEC) lifted the ban on campaigns for the 2027 presidential election.
“The DSS boss reportedly told the Senior Advocate and his directorate of legal services that, with the commencement of presidential campaigns, it would only be fair to pause the court case in order to enable Sowore fully participate in the upcoming elections without let or hindrance,” the source said.
The source added that Ajayi told the lawyers that the case had already been in court for nearly a year and that suspending it for another four months would not make a significant difference.
The DSS is also said to have directed its legal team to review similar cases involving candidates contesting other elective positions.
The agency had previously maintained that the Sowore case was intended to obtain judicial interpretation on the propriety of describing President Tinubu or any other individual as a “criminal”, rather than merely restricting Sowore’s political activities.
In a September 6, 2025 letter to the chairman of Meta, the DSS said its statutory responsibility to protect the President extended beyond physical threats to include psychological attacks.
The source said the DSS’s decision to suspend the proceedings is expected to be formally communicated to the Federal High Court from Monday, September 14, 2026, when the court is expected to resume normal sittings after its annual judicial vacation.
Sowore, who has previously been granted bail by the Federal High Court on self-recognition, is expected to continue his political activities ahead of the 2027 presidential election.
