A 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, its Director-General, and Meta Platforms Incorporated.
Justice Mohammed Umar, in a judgment delivered on Thursday, resolved all issues raised in the suit against Sowore and declined to grant any of the reliefs sought. The court subsequently dismissed the case for lacking merit.
Sowore had approached the court in a suit marked FHC/ABJ/CS/1887/2025, alleging that Meta, acting on the instruction of the DSS and its Director-General, removed a Facebook post he made and deactivated his account.
The post, published on August 26, 2025, referred to President Bola Tinubu as a “criminal.”
In the post, Sowore wrote, “This criminal actually went to Brazil to state that there is no more corruption in Nigeria. What audacity to lie shamelessly!”
He argued that the alleged action by Meta and the DSS violated his constitutional rights to fair hearing, freedom of expression, and freedom of association.
While addressing the first issue, Justice Umar held that Sowore wrongly alleged a breach of his right to a fair hearing.
The judge explained that the constitutional right to fair hearing applies only to proceedings before a court or tribunal established by law, not to decisions taken by non-judicial bodies.
“The law is that, to seek to enforce the fundamental right to fair hearing… the alleged violation must be in respect of proceedings before a court or tribunal established by law,” the judge said.
He added that since the DSS and Meta are not judicial bodies, their actions could not amount to a violation of the applicant’s right to fair hearing.
“In the light of the above, it is my holding here that fair hearing does not apply to the instant case,” he ruled.
On the second issue, the court held that the DSS complaint and Meta’s decision to remove the post and deactivate Sowore’s account did not violate his rights to freedom of expression or association.
Justice Umar emphasised that such rights, though guaranteed under the Constitution, are not absolute.
“It is to be noted that the protection of the rights and reputation of others is one of the instances where the right to freedom of expression can be curtailed,” he said.
According to the judge, expressions that disparage others or cast aspersions on individuals cannot be protected under the guise of exercising constitutional rights.
He further held that Meta acted under its own policies and independent judgment after the complaint by the DSS.
“This court agreed… that whatever action Facebook has taken is entirely done under its own policies and independent judgment,” he said.
On the final issue, the judge held that Sowore failed to establish that his constitutional rights had been violated or threatened.
“A careful perusal… shows the applicant has failed to convince this court that his rights… have been or are likely to be threatened,” Justice Umar ruled.
The court therefore dismissed the suit and awarded N1.5 million in costs against Sowore, with N500,000 each to the DSS, its Director-General, and Meta Platforms Incorporated.