BREAKING: Sowore Writes X, Urges Platform To Reject 'Unlawful' DSS Request To Delete Post Criticising Tinubu, Warns Against Aiding State Repression

Tope Temokun, lawyer representing human rights activist and former presidential candidate, Omoyele Sowore, has urged the management of X (formerly Twitter) to disregard a request by Nigeria’s Department of State Services (DSS) seeking the deletion of his client’s posts criticising President Bola Tinubu.

In a letter dated September 7, 2025, addressed to the Legal and Policy Team of X in San Francisco, California, Tope Temokun Chambers described the DSS’s demand as “unlawful, unconstitutional, and without legal foundation.”

The DSS had recently written to X alleging that Sowore’s post of August 26, 2025, in which he described President Tinubu as “a criminal” who lied about corruption in Nigeria, constituted hate speech, cybercrime, and a threat to national security.

The secret police subsequently asked X to delete the post and deactivate Sowore’s account.

But Temokun, writing on Sowore’s behalf, argued that the request violated both Nigerian and international law.

The lawyer cited Section 39(1) of the Nigerian Constitution, which guarantees freedom of expression, as well as Article 9 of the African Charter on Human and Peoples’ Rights, which forms part of Nigerian law.

“Under Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), every person is entitled to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference,” the letter stated.

“African Charter on Human and Peoples' Rights Article 9 of the African Charter on Human and Peoples' Rights, which is domesticated into Nigerian law (Cap A9, LFN 2004), equally guarantees the right to free expression.”

Temokun also referenced judicial precedents such as Director, SSS v. Agbakoba (1999) and Arthur Nwankwo v. The State (1985), where courts warned against government overreach in suppressing free speech.

The letter stated, “No administrative agency, including the DSS, has the power to censor citizens' speech or compel third parties to do so. Only a valid order of a competent court of law can justify any restriction on expression. The DSS is not a court of law and cannot arrogate such powers to itself.

“Precedent Against Abuse of Power: Nigerian courts have repeatedly warned against attempts by state agencies to stifle expression. In Director, SSS v. Agbakoba (1999) 3 NWLR (Pt. 395) 314, the Supreme Court emphasized that fundamental rights cannot be curtailed by executive fiat. Similarly, in Arthur Nwankwo v. The State (1985) 6 NCLR 228, the Court of Appeal condemned government overreach in suppressing speech.

“Historical Pattern of Government Repression: Our client, Mr. Sowore, has been a consistent target of political repression in Nigeria for his political views and activism. Since 2019, he has endured multiple arrests, prolonged detentions, and serial prosecutions by the DSS and allied agencies many of which are currently subject of pending litigation before Nigerian courts.”

The law firm described the DSS’s request as a “continuation of the repressive masterplan to keep Our Client out of public reach”.

It stated, “During the recent #EndBadGovernance national protest, the government of Nigeria ordered the Nigerian Immigration Service to place Our Client on a 'no-entry' list at all international airports.

“When it seemed that didn't work as planned, owing to stiff protestation from Nigerians, he was arrested and arraigned in Court for sundry but unfounded allegations. His passport was in court since February 2025. He has been arrested, detained, released and arraigned afterwards on same persecutorial grounds, just for his oppositional views to the government.

“It is therefore clear that the present request to X is not an isolated incident but part of a pattern of harassment and censorship designed to silence a critic of government.”

The law firm noted that the matter has international implications, saying, “We must emphasize that Mr. Sowore is a U.S.-based permanent resident, which makes this issue one of not only Nigerian constitutional law but also of international concern. “To comply with the DSS request would make X complicit in the violation of both Nigerian and international human rights standards.”

It, therefore, demanded “that X disregard the unlawful request of the DSS,” adding that “any compliance with this censorship attempt would amount to aiding and abetting state repression in violation of binding human rights obligations”.

“Our client reserves the right to seek redress before competent national and international fora should any action be taken that violates his rights,” it added.

Background

Earlier, SaharaReporters reported that the DSS had formally petitioned the management of X, demanding the immediate suspension or deactivation of Sowore’s verified account over a post it described as a threat to national security.

In a letter signed by B. Bamigboye, for the Director General, State Services, dated September 6, 2025, and addressed to the Chairman and CEO of X Corp in Texas, United States, the DSS alleged that Sowore’s post constituted hate speech, cybercrime, and incitement to violence against the President of Nigeria, Bola Ahmed Tinubu.

According to the DSS, Sowore, through his handle @YeleSowore, made a post on August 25, 2025, at 11:38 PM, in which he wrote: “This criminal @officialABAT actually went to Brazil to state that there is NO MORE corruption under his regime in Nigeria. What audacity to lie shamelessly!”

The secret police described the statement as “personally directed at Mr. President” and said it had “attracted widespread condemnation by majority of Nigerians, some of whom may resort to unwholesome activities to vent their grievance over it, especially supporters of the President who have started taking to the streets in protest.”

The DSS claimed that Sowore’s “tweet under reference is against the transparency on X and Government has frowned at it and found it extremely dangerous, false, privacy violation behavior that manipulate and negatively impacts on the person of the President and the Country”.

Citing Nigerian law, the DSS said the post violates Section 51 of the Criminal Code Act Cap.77, which prohibits the publication of false information, as well as provisions of the Cyber Crimes Act 2025, which criminalises spreading fake news, offensive content, and statements intended to provoke ethnic, religious, or tribal hatred. It also referenced the Terrorism (Prevention and Prohibition) Act, 2022, arguing that Sowore’s words could amount to domestic terrorism.

“The author and purveyor of the inflammatory online publication against Mr. President is very much aware that the publication is also prohibited by Section 2(3) of the Terrorism (Prevention and Prohibition) Act, 2022 and other relevant Laws of the Federal Republic of Nigeria,” the DSS said.

“It is not in doubt that the words employed by Mr. Omoyele Sowore is misleading information, online harassment and abuse, willful intention of furthering an ideology capable of serious harm, hate speech, cause disunity, discredit/disparage the President of the Federal Republic of Nigeria within the Comity of Nations to damage the image of Nigeria and cause serious threat to national security of the Federal Republic of Nigeria.”

The DSS therefore requested X Corp to urgently delete Sowore’s post and deactivate his account, warning that both the author and the platform could be held “criminally liable” under Nigerian law.

“It is against the above highlighted backdrop that we make an immediate and urgent demand on your Corporation to as a matter of its own policy, immediately TAKE DOWN the tweet and its attendant re-tweets," the DSS said.