BREAKING: Lagos High Court Throws Out Olalekan Fatodu’s Defamation Suit Against Sowore, SaharaReporters Over Lack Of Evidence

A Lagos State High Court sitting in Ikeja has dismissed a long-standing defamation lawsuit instituted by Mr. Olalekan Fatodu and his company, Leeman Communications Limited, against Nigerian activist and publisher, Omoyele Sowore, and Sahara Reporters Media Inc., citing a lack of proof of publication to a third party as required by law.

The suit had sought, among other reliefs, a court declaration that certain publications made by the defendants were “false, malicious, injurious and therefore libelous,” along with a retraction, public apology, perpetual injunction, and a combined sum of N101 million in damages and legal costs.

However, in a judgment delivered on Tuesday, June 17, 2025, Justice Oyindamola Ogala struck out the case, declaring that the claimants failed to substantiate their allegations with credible evidence.

Stanley Imhanruor Esq, Principal Partner at PRIMEVIEW, who commenced the case while at Femi Falana’s Chambers, as counsel for Sowore and SaharaReporters, expressed satisfaction with the ruling.

He noted that the claimants failed to prove publication of the alleged libellous subject matter, adding that the claimants did not provide evidence demonstrating that the libellous content was communicated to a third party.

“The court noted that the claimants failed to call any third-party witness to testify regarding the publication of the alleged libellous material,” he said, explaining that publication to a third party is a crucial element needed to establish a claim of libel.

“At the end of the trial, the judge ruled that without any witness to confirm the third-party reception of the said publications, the foundation of the libel case collapsed,” Imhanruor told SaharaReporters.

“They lost the case completely because it was dismissed.”

“On whether any cost was awarded against the claimant, I am trying to confirm that and the exact amount,” he added.

The case dates back to 2017, when Fatodu and his firm sued Sowore and Sahara Reporters Media Inc. in court over publications related to public funds and contracts tied to the Office of the National Security Adviser.

The matter had gone through several adjournments, cross-examinations, and the tendering of multiple documents, including public notices, certificates of compliance, and correspondence.

A copy of the final written address filed by the defence team before the court had sought the following:

“A DECLARATION of this Honourable Court that the publications that were made and referring to the Claimants by the Defendants are false, malicious, injurious and therefore libelous of the Claimants.

“AN ORDER of this Honourable Court directing the Defendants to immediately recant, retract and withdraw the said defamatory Statement and allegation against the Claimants using the media of Sahara Reporters Media INC and the online website Sahara Reporters.

“AN ORDER of this Honourable Court directing the Defendants to tender an unreserved apology to the Claimants which shall be published in at least 5 widely circulating national dailies including the online website of Sahara Reporters.

“AN ORDER of perpetual injunction restraining the Defendants from publishing, circulating or otherwise disseminating any or such other or further defamatory materials against the 1st and 2nd Claimants.

“The sum of N100,000,000.00 (One Hundred Million Naira) as compensation for the damages, loss of goodwill caused to the Claimants’ reputation occasioned by the false, malicious and libelous statements of the Defendants.

“The sum of N1,000,000.00 (One Million Naira) being money which the Claimants are now obligated to pay their Solicitors as professional fees as a result of the Defendants’ injurious acts against the Claimants.”

During the trial, the defence team argued that the actions of the Federal Government of Nigeria, the Office of the National Security Adviser (ONSA), and the Economic and Financial Crimes Commission (EFCC) were matters of significant public interest.

They contended that the second claimant had benefited from contracts awarded by ONSA under Col. Sambo Dasuki (Rtd.), despite no work being executed. To support this claim, the defence cited a publication by ONSA in The Nation newspaper on January 8, 2016.

The defence further argued that, following investigations, the Nigerian government released a list on March 24, 2016, naming companies and individuals allegedly involved in corrupt dealings related to ONSA contracts. The second claimant appeared on that list, which the defence also submitted as evidence during the trial.

Additionally, the defence maintained that the government had repeatedly alleged that Dasuki misappropriated funds allocated for combating insurgency through the use of shell companies and proxy individuals. They referenced several public documents and media reports to substantiate this position.

They posited that “it is a matter of fact that Col. Dasuki diverted public funds meant for the purchase of arms in the fight against insurgency and that the 2nd claimant where the 1st claimant is a director was one of the companies that received payments for phony contracts from the ONSA under the watch of Col. Dasuki as can be gleaned from the official release of the Office of the Special Senior Assistant, Media and Publicity to Mr. President dated March 24, 2016”.

“It is also a matter of fact that the 2nd claimant where the 1st claimant is a director was indicted by the said Presidential Committee after it was duly invited and investigated by the Presidential Committee,” they added.

The team argued that the “1st and 2nd defendants have an abiding responsibility to disseminate the information complained of and members of the public are also entitled to receive the pieces of information contained in the said publications for public good and the advancement of good governance and accountability”.

Background Story

In January 2017, Fatodu and a group of associates attacked Sowore following a report published by SaharaReporters. The report alleged that Fatodu acted as a front for former Aviation Minister Femi Fani-Kayode in a scheme to divert public funds through the office of the then-NSA, Dasuki.

Subsequently, Fatodu filed a petition with the Lagos State Police Command, leading to Sowore’s arrest. In the petition, Fatodu claimed that Sowore had approached him with a demand for N200 million to suppress the publication of a damaging story. He alleged that when he told Sowore he could not pay, the story was published anyway.

Fatodu further claimed he filed the petition on grounds of blackmail, defamation, and threats to his life, citing phone calls he claimed he received warning him of danger.

Sowore promptly denied all the allegations, insisting he had never solicited bribes in exchange for withholding news stories. He described the situation as part of a coordinated conspiracy against him and vowed to defend himself by all legal means necessary. He also accused the police of siding with his accuser.

Sowore was arrested on Wednesday, January 11, 2017, after being attacked by Fatodu on Isaac John Street in the Ikeja area of Lagos.

He was first taken to the police command headquarters before the case was transferred to the State Criminal Investigation and Intelligence Department, Yaba.

Fatodu had immediately taken to his Twitter (now X) handle and announced, “Breaking! I just got Sowore Omoyele of SaharaReporters arrested for criminal defamation and blackmail and threat to my life and career.”

At about 6 p.m. that same day, Sowore confirmed the incident in a video posted on his Facebook page. In the video, he accused the police of backing Fatodu while he was being assaulted at the Area F Police Command.

About an hour later, he shared a follow-up post that read, “After the police ‘intervened’ (as) soon as I was attacked by Lekan Fatodu and his friends in Lagos, we were taken to the Commissioner of Police’s office in Lagos.

“Turns out he was in on this; he pulled out a supposed petition written by Lekan from his hat; after that, he became very hostile towards me and ordered that we be driven to the State CID, Panti.

“It is very obvious that this was planned between Lekan Fatodu and the police. They offered him unbridled support as he continued attacking me in the presence of the police….”

“I was physically attacked by this guy and the police was called. When we got to the police station, they changed the story,” Sowore also told TheCable.

“The commissioner of police said he had a petition against me. And I was furious, because here was a guy who nearly killed me. That’s the story, not the red herring that I demanded money.

“This problem started in January 2016 when I wrote a story on him being a front for Femi Fani-Kayode. He came and even sent people to beg me to take the story down, but I said I don’t take stories on my website down because I have evidence.

“He then moved to threat, but if he has evidence that I demanded money from him, wouldn’t he have put the information out there? What has he been waiting for since January 2016? I do not demand bribe to do stories, I did not demand a kobo from him, never. Why didn’t he give you the evidence?”

In March 2017, Fatodu submitted a petitn to then-Lagos State Governor Akinwunmi Ambode, requesting the eviction of Sowore from his office in Ikeja. He alleged that the premises were being used for criminal activities and were causing a disturbance to the surrounding neighborhood.

However, the office of Governor Ambode denied receiving any such petition.

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