Sowore Defies DSS Retraction Order, Cites Constitutional Rights in Strong Response
By Joseph Iyaji | Akahi News
DSS Demands Retraction over Alleged Defamation
A fresh confrontation has erupted between human rights activist Omoyele Sowore and the Department of State Services (DSS) following a formal letter demanding the retraction of social media posts allegedly defamatory to President Bola Ahmed Tinubu.
The DSS, in its letter delivered to Sowore’s lawyers on 12th September 2025, accused him of publishing “criminal, false and malicious” statements on his X (formerly Twitter) and Facebook accounts. The agency insisted that the posts be deleted and a public apology rendered to the President.
Sowore’s Firm Refusal and Legal Arguments
Responding in a detailed letter addressed to the Director General of the DSS, Sowore rejected the agency’s demands as unconstitutional and unlawful.
He argued that the DSS had no legal authority to act as a proxy for President Tinubu in a matter of alleged defamation, stressing that such disputes are civil in nature and can only be initiated by the person claiming injury.
Quoting Section 39 of the 1999 Constitution, which guarantees freedom of expression, and Section 22, which places a duty on the media to hold government accountable, Sowore maintained that his criticism of the President falls within his constitutional rights.
He also referenced Article 9 of the African Charter on Human and Peoples’ Rights, as well as landmark cases such as Arthur Nwankwo v. State (1985), where sedition laws were struck down as incompatible with democratic governance.
Longstanding History of Clashes with Security Agencies
Sowore highlighted a decades-long record of confrontations with Nigerian security forces:
- 1993: Abducted as University of Lagos Students’ Union President during a pro-democracy protest, detained for weeks without charges.
- 1996: Arrested during National Youth Service Corps (NYSC) in Yola, Adamawa State, held in chains for days before release.
- 2019: Detained over the “RevolutionNow” protests, with DSS operatives defying court orders and rearresting him inside a Federal High Court in Abuja.
- 2021: Subjected to multiple civil lawsuits aimed at silencing him and Sahara Reporters, all of which were dismissed by Nigerian courts.
He accused the DSS of consistently abandoning its primary role of intelligence gathering to serve as a political tool for suppressing dissent.
Constitutional and Judicial Perspectives
The activist referenced a series of constitutional provisions and judicial pronouncements underscoring the illegality of criminalising criticism of public officials.
In Arthur Nwankwo v. State, the Court of Appeal ruled that sedition laws were unconstitutional and posed a threat to democratic freedoms. Similarly, in Inspector General of Police v. ANPP, the judiciary emphasised that citizens have a right to peaceful protest and dissent.
Across Africa, courts have repeatedly upheld these principles, with the African Court on Human and Peoples’ Rights ruling in Issa Konate v. Burkina Faso that criminal defamation laws are incompatible with democracy.
Broader Implications for Freedom of Speech
The dispute has revived debates over the limits of free expression, state power, and the use of security agencies in political matters. Analysts note that attempts to censor critics through threats of arrest or prosecution contradict democratic principles and Nigeria’s constitutional framework.
The confrontation also brings renewed focus on past legislative attempts to regulate online speech, including the controversial Anti-Social Media Bill and amendments to the Cybercrimes Act, which critics have described as potential tools for stifling dissent.
The Future of Civic Activism in Nigeria
Observers argue that how this episode unfolds will have long-term implications for civil liberties in Nigeria. If the DSS escalates the matter through arrests or legal actions, it could trigger prolonged court battles and possible public protests.
For Sowore, the issue goes beyond personal confrontation. In his letter, he reiterated that criticism of leaders remains a democratic necessity, asserting that “freedom comes through struggle” and vowing to continue advocating for accountability in governance.
Conclusion
The standoff between Omoyele Sowore and the DSS reflects ongoing tensions between Nigeria’s democratic ideals and the authoritarian tendencies of some state institutions. As the controversy develops, it could set important precedents for freedom of speech, human rights, and the role of security agencies in a constitutional democracy.
Akahi News http://www.akahinews.org
🎓 Attend 2027/2028 JAMB, Post-UTME, WAEC, and NECO GCE Tutorials
Get fully prepared with expert tutors, comprehensive study materials, and personalised academic guidance at Akahi Tutors.
📍 Located at 67, Oduduwa College Road, Off Sabo Junction, Ile-Ife.
📞 Call: 08038644328
for enrollment and accommodation reservation.
