A Federal High Court in Abuja has dismissed a fundamental rights enforcement suit filed by politician and publisher, Omoyele Sowore, against the Department of State Services (DSS), its Director-General Oluwatosin Adeola Ajayi, and Meta Platforms, Inc..
Delivering judgment on Thursday, Justice Mohammed Umar ruled against Sowore on all three issues identified for determination, declined all reliefs sought, and dismissed the suit for lacking merit. The court also awarded costs of ₦1.5 million against the plaintiff.
Sowore, in suit number FHC/ABJ/CS/1887/2025, had challenged the removal of a Facebook post and the deactivation of his account by Meta, which he alleged was done at the instance of the DSS and its Director-General. He argued that the actions violated his fundamental rights, including fair hearing, freedom of expression, and freedom of association.
The disputed post, published on August 26, 2025, described President Bola Tinubu as a “criminal,” a statement that prompted complaints and subsequent moderation action.
In addressing the issue of fair hearing, Justice Umar held that the claim was misconceived, noting that the constitutional right applies strictly to judicial or quasi-judicial proceedings. He stated that decisions made by non-judicial bodies, such as the respondents in this case, do not fall within the scope of Section 36(1) of the 1999 Constitution.
On the claims of infringement of freedom of expression and association, the court ruled that these rights are not absolute and may be lawfully restricted to protect the rights and reputation of others. The judge emphasized that expressions deemed defamatory or disparaging are not protected under the guise of constitutional rights.
Justice Umar further held that the DSS acted within lawful bounds by reporting the post through Facebook’s established complaint channels, and that Meta’s decision to remove the content and deactivate the account was made independently, in line with its internal policies.
On whether the plaintiff was entitled to the reliefs sought, the court found that Sowore failed to substantiate his claims with sufficient evidence. The judge noted that declaratory reliefs require proof based on the strength of the applicant’s case, which was not established.
Consequently, the court dismissed the suit in its entirety and awarded ₦1.5 million in costs against Sowore, with ₦500,000 payable to each of the three respondents.
