AAC rejects DSS suspension of Sowore’s case, demands complete withdrawal

The African Action Congress has asked the Department of State Services to immediately discontinue the prosecution of its presidential candidate, Omoyele Sowore.

The party made the demand in a statement issued on Sunday, following reports that the DSS had suspended its prosecution of Sowore until after the 2027 presidential election.

PUNCH Online earlier reported that the Department of State Services directed its private counsel, Akinolu Kehinde, SAN, to take steps to suspend the alleged cyberbullying case instituted against the African Action Congress presidential candidate, Sowore, until after the 2027 presidential election.

The development followed a meeting between the Director-General of the DSS, Tosin Ajayi, the senior lawyer and top officials of the agency’s legal directorate on August 20, according to a source close to the DSS counsel.

In the statement signed by its National Publicity Secretary, Rex Elanu, the AAC said it did not consider the reported suspension of the case sufficient, arguing that Nigerian criminal procedure did not provide for an indefinite suspension of a criminal trial.

The party said, “The African Action Congress (AAC) has taken note of the reported decision by the Department of State Services (DSS) to suspend its prosecution of our Presidential Candidate, Comrade Omoyele Sowore, until after the 2027 presidential election.

“We do not consider the purported suspension of this needless case to be good news. In fact, there is no provision known to us in Nigerian criminal procedure that empowers a prosecutor simply to ‘suspend’ a criminal trial and leave it hanging over an accused person indefinitely. The proper course is to discontinue the prosecution.

“The AAC understands this latest development as a belated acknowledgement that the prosecution has become an embarrassing political burden for the DSS and the administration of Bola Ahmed Tinubu.”

The AAC further accused the DSS of deploying state resources to prosecute its presidential candidate over his criticism of the President, describing the case as political persecution and a waste of public resources.

“For nearly a year, state resources have been deployed in a case arising essentially from Sowore’s description of Bola Tinubu as a ‘criminal.’ Rather than tolerate political criticism and allow Nigerians to freely express their opinions about those who exercise public power, the DSS, under its Director-General, Tosin Ajayi, chose to deploy the machinery of the state against a presidential candidate.

“Our Party has consistently maintained that this prosecution represents an abuse of state power, political persecution and an unconscionable waste of public resources.

“The reported justification that the case should now be suspended to enable Sowore to participate fully in the 2027 presidential election completely misses the point. Sowore should never have been subjected to this prosecution and persecution in the first place”, it added.

The AAC subsequently listed seven demands, beginning with the immediate and complete discontinuation of the case.

It said, “The Attorney-General of the Federation (AGF) must immediately discontinue the case in its entirety rather than permit any purported ‘suspension’ until after the election. There must be no attempt to keep this case hanging over Sowore’s head as a political weapon that can be revived whenever it becomes convenient for the DSS or the government of the day.”

The party also demanded a formal apology and compensation for Sowore over the prosecution. “The DSS must tender a formal apology to Comrade Omoyele Sowore and provide appropriate compensation for the time, resources, legal expenses and disruption occasioned by this politically motivated prosecution.

“Where courts have already imposed monetary penalties or costs against the DSS in connection with the unlawful treatment of Sowore, those orders must also be obeyed without further delay,” the AAC stated.

On Sowore’s international passport, the party said, “Sowore’s international passport, currently in the custody of the Federal High Court, Abuja, pursuant to conditions imposed in this case, must be immediately returned to him.

“With presidential campaigns now underway, Sowore must be free to travel, campaign and engage Nigerians wherever they are, including our comrades, members and supporters in the diaspora. A criminal prosecution must never be manipulated into an instrument for restricting the legitimate political activities of a presidential candidate”, it added.

The party further demanded the return of Sowore’s phones and other electronic devices allegedly seized by the DSS, as well as a drone and other devices belonging to his media assistant, Zainab Sodiq.

“The DSS must immediately return Sowore’s phones, electronic devices and other personal property retained by the agency since 2019, including items whose return has already been ordered by a court. The agency must also immediately return the drone and other devices seized from Zainab Sodiq, a journalist and media assistant to Sowore. A security agency cannot simply confiscate citizens’ property indefinitely and behave as though it is above the law”, the statement added.

The AAC also demanded an end to the alleged harassment of Sodiq and other Nigerians exercising their constitutional rights.

“The AAC demands the immediate cessation of every form of harassment and intimidation directed at Zainab Sodiq, Sowore’s media assistant, and other Nigerians targeted for exercising their constitutionally protected rights. Journalists, activists, political organisers and ordinary citizens must be able to carry out their lawful activities without fear of arbitrary arrest, detention, surveillance or confiscation of their property”, the party stated.

Calling for an end to what it described as politically motivated persecution, the party said the principle should apply irrespective of political affiliation. “The Tinubu administration and its security agencies must immediately halt the weaponisation of state institutions against political opponents, activists, journalists and citizens.

“No Nigerian should be persecuted because of their political views, criticism of government or participation in lawful democratic activities. This principle applies to every Nigerian, irrespective of political party or ideology, including former Kaduna State Governor Nasir El-Rufai and others who allege that state institutions are being deployed against them for political purposes.”

The party insisted that the reported suspension of the case should not be portrayed as an act of goodwill by the DSS.

“The AAC will not allow the so-called suspension of this case to be presented as an act of magnanimity by the DSS. It is not magnanimity to stop doing something that should never have been done in the first place. The DSS and the Tinubu administration must understand that Nigeria is not anybody’s personal estate. Our security agencies and institutions of justice must never become instruments for settling political scores, intimidating opposition candidates or suppressing dissent.

“The AAC remains firmly committed to defending freedom of expression, democratic participation and the right of every Nigerian to criticise those who exercise public power. The purported suspension of Sowore’s case must therefore be followed by justice, accountability and complete discontinuation of the prosecution — not another political manoeuvre. The African Action Congress will continue to resist every attempt to weaponise state institutions against our candidate or against any Nigerian exercising their democratic and constitutional rights”, the statement concluded.

PUNCH Online reports that Sowore, a presidential candidate and publisher of Sahara Reporters, has had a prolonged history of confrontations with security agencies, including his arrest and prosecution over his #RevolutionNow protest in 2019.

The latest case against the activist stemmed from comments attributed to him about President Bola Tinubu, with the AAC describing the prosecution as politically motivated.