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Court throws out Sowore’s suit against DSS, Meta, awards ₦1.5m costs

A Federal High Court in Abuja has dismissed a fundamental rights enforcement suit filed by activist and publisher Omoyele Sowore against the Department of State Services (DSS), its Director-General, and Meta Platforms Incorporated.

In a judgment delivered by Justice Mohammed Umar, the court resolved all issues against Sowore, ruling that his claims lacked merit and refusing to grant any of the reliefs he sought.

Sowore had approached the court after Meta removed a Facebook post in which he described President Bola Tinubu as a “criminal” and subsequently deactivated his account. He alleged that the action was taken at the instance of the DSS and its Director-General, arguing that it violated his rights to fair hearing, freedom of expression, and association.

However, Justice Umar held that the claim of denial of fair hearing was misplaced, noting that such a right applies only to proceedings before a court or tribunal, not decisions made by non-judicial bodies like the DSS or private entities such as Meta.

On the issue of freedom of expression, the court ruled that the right is not absolute and may be restricted to protect the reputation and rights of others. The judge stated that expressions deemed defamatory or harmful are not protected under the Constitution.

The court further held that the DSS acted within its rights by reporting the post through Facebook’s complaint channels, while Meta independently made its decision based on its internal policies.

Justice Umar concluded that Sowore failed to establish any violation of his constitutional rights and therefore was not entitled to the reliefs sought.

Following applications by counsel to the respondents, the court awarded costs totaling ₦1.5 million against Sowore, with ₦500,000 payable to each of the three parties.

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