By Deborah Nnamdi
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, and Meta Platforms Incorporated.
Justice Mohammed Umar, in a judgment delivered on Thursday, resolved all issues raised in the suit against Sowore and declined to grant any of the reliefs sought, describing the case as lacking merit.
Sowore had, in the suit marked FHC/ABJ/CS/1887/2025, challenged the decision by Meta to remove a Facebook post he made on August 26, 2025, in which he described President Bola Tinubu as a “criminal,” and to deactivate his account. He alleged that the action was taken at the instance of the DSS and its Director-General without giving him a fair hearing.
He argued that the move violated his fundamental rights to fair hearing, freedom of expression, and association as guaranteed under the 1999 Constitution.
However, Justice Umar held that the claim of breach of fair hearing was misplaced, noting that such a right applies only to proceedings before courts or tribunals established by law, not actions taken by non-judicial bodies.
“The alleged violation of the right to fair hearing does not arise in this case,” the judge ruled, adding that the respondents were not within the purview of institutions contemplated under Section 36(1) of the Constitution.
On the issue of freedom of expression and association, the court held that the actions of the DSS and its Director-General in reporting the post, as well as Meta’s decision to remove it and deactivate the account, did not amount to a violation of Sowore’s rights.
Justice Umar noted that fundamental rights are not absolute and may be restricted to protect the rights and reputation of others. He stressed that expressions deemed defamatory or disparaging are not protected under the law.
According to the court, the DSS acted within its rights by utilising Facebook’s reporting mechanism, while Meta acted independently in line with its policies.
The judge further held that Sowore failed to establish, through credible evidence, that his constitutional rights under Sections 36(1), 39, and 40 had been violated or were under threat.
Consequently, the court dismissed the suit in its entirety.
Justice Umar also awarded a total cost of N1.5 million against Sowore, with N500,000 each granted to the DSS, its Director-General, and Meta Platforms Incorporated.
