Human rights lawyer, Femi Falana, SAN, has asked the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to withdraw the cyberbullying charge brought against Omoyele Sowore by the Inspector General of Police, Kayode Egbetokun.
In a letter dated March 4, 2025, addressed to Fagbemi and acknowledged by the AGF’s Office, Federal Ministry of Justice, on Wednesday, Falana argued that a police officer could not institute a case in his own personal interest.
He, therefore, asked the Federal Government to discontinue the suit under Charge No: FHC/ABJ/CR/23/2025 against the former presidential candidate of the African Action Congress.
“Dear Honourable Minister, it is instructive to note that the Charge filed by the Inspector General of Police against a Nigerian citizen who simply exercised his right of criticising him is a gross violation of the 1999 Constitution, the Police Act, 2020 and Regulation 367 of the Nigeria Police Regulation which provides that, ‘No police officer shall institute any legal proceeding in his own personal interest or in connection with matters arising out of his public duties,’” the letter signed by Marshal Abubakar, on behalf of Falana & Falana’s Chambers, partly read.
“Indeed, Section 174 of the Constitution which vests in your good self the powers to institute and undertake any criminal proceedings personally or through officers in your department stipulates in Section 174 (3) that such prosecution shall be in regard to the public interest, the interest of justice and the need to prevent abuse of legal process,” it added.
The PUNCH reports that Egbetokun had dragged Sowore to a Federal High Court in Abuja in January for calling him an “illegal IGP” on his verified X account.
The Nigeria Police Force argued that the “offence” contradicted Section 24 of the Cybercrime Act of 2015.
Controversy had trailed the continued stay in office of the IGP, given his age.
However, the AGF affirmed the legality of the continued stay in office of Egbetokun in January.
Fagbemi, in a statement, clarified that Egbetokun’s tenure remains valid under the provisions of the newly amended Police Act, which allows an IGP to serve a full four-year term irrespective of the retirement age.
The appointment of Egbetokun as IGP, which took effect on October 31, 2023, would have ended upon his attainment of 60 years of age on September 24, 2024, by the civil service rules.
“However, before his retirement age, the Police Act was amended to allow the occupant of the office to remain and complete the original four-year term granted under Section 7(6) of the Act, notwithstanding the fact that he has attained the age of 60,” Fagbemi stated.
Meanwhile, Sowore’s lawyers further argued that the IGP, as the complainant, caused legal officers under his command and control to file a 16-count charge against Sowore, who, upon his arraignment, pleaded not guilty.
“In line with the letter and spirit of the said Cyber Crimes Amendment Act, 2024, we hereby request you, Honourable Minister of Justice and Attorney General of the Federation to use your good office to discontinue the charge pursuant to your powers under Section 174 (1) (b) (c) and (2) and Section 355 of the ACJA, 2015,” the letter concluded.
