By Abigail Philip David
Renowned human rights lawyer, Femi Falana (SAN), has called on the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), to withdraw the cyberbullying charge filed against Omoyele Sowore by the Inspector General of Police (IGP), Kayode Egbetokun.
In a letter dated March 4, 2025, and acknowledged by the AGF’s Office on March 5, Falana argued that a police officer cannot initiate a legal case in his personal interest. He urged the Federal Government to discontinue the suit (Charge No: FHC/ABJ/CR/23/2025) against Sowore, a former presidential candidate of the African Action Congress (AAC).
The letter, signed on behalf of Falana & Falana’s Chambers by Marshal Abubakar, cited Regulation 367 of the Nigeria Police Regulations, which states that “No police officer shall institute any legal proceeding in his own personal interest or in connection with matters arising out of his public duties.”
Falana also referenced Section 174 of the 1999 Constitution, which empowers the AGF to initiate or discontinue criminal proceedings but requires such prosecutions to align with public interest, the interest of justice, and the need to prevent abuse of legal process.
Background of the Case
The controversy stems from Sowore’s January 2025 social media post on X (formerly Twitter), where he referred to Egbetokun as an “illegal IGP.” The Nigeria Police Force charged Sowore under Section 24 of the Cybercrime Act (2015), arguing that his statement constituted cyberbullying.
Egbetokun’s continued stay in office has been a subject of legal and public debate due to his age. While civil service rules mandate retirement at 60 years, the newly amended Police Act allows an IGP to complete a full four-year term, irrespective of age. This amendment, affirmed by the AGF in January 2025, means Egbetokun can remain in office until October 31, 2027, despite turning 60 on September 24, 2024.
Call for Case Dismissal
Sowore’s legal team argues that the 16-count charge against him is an abuse of power since the IGP himself is the complainant. They have urged the AGF to invoke his powers under Section 174(1)(b)(c) of the Constitution and Section 355 of the Administration of Criminal Justice Act (ACJA) 2015 to discontinue the case.
Falana’s letter concluded with a direct request to Fagbemi, stating: “In line with the letter and spirit of the Cyber Crimes Amendment Act, 2024, we urge you to discontinue this charge in the interest of justice and public good.”
