On behalf of Omoyele Sowore, the publisher of Sahara Reporters, Tope Temokun Chambers has requested that X disregard a request from the Department of State Services (DSS) to remove one of Sowore’s posts about President Bola Tinubu.
The DSS had formally asked X to deactivate Sowore’s verified account, asserting that his recent post on Tinubu had the potential to incite violence and compromise national security.
In a Sunday post, Sowore stated that X officially contacted him regarding a letter from the DSS demanding that his content be removed.
In a letter addressed to X, the law firm denounced the DSS request as “unlawful, unconstitutional and without legal foundation”.
As the law firm pointed out, section 39(1) of the 1999 constitution, article 9 of the African Charter on Human and Peoples’ Rights, and several judicial precedents establish that only a court of competent jurisdiction can restrict expression.
“The DSS lacks legal authority and cannot assume such powers,” the letter reads.
The law firm alleged that the Nigerian government had exhibited a “historical pattern of repression” against Sowore, citing his numerous arrests, detentions, and ongoing trials since 2019.
They indicated that during the recent EndBadGovernance protest, Sowore was placed on a “no-entry” list by the Nigerian Immigration Service (NIS) and has since faced fresh charges despite his passport being held in court since February. #EndBadGovernance
The letter asserts that this request is not an isolated incident but rather part of a pattern of harassment and censorship aimed at silencing a critic of the government.
The chambers underscored the international implications, noting that Sowore is a US permanent resident. Complying with the DSS request would make X “complicit in the violation of human rights obligations”.
The chambers advised X to ignore the DSS directive, pointing out that compliance would constitute “aiding and abetting state repression”. “It is essential to emphasize that Mr. Sowore is a U.S.-based permanent resident, thereby rendering this issue a concern of both Nigerian constitutional law and international implications. Compliance with the DSS request would render X an accessory to the violation of both Nigerian and international human rights standards,” the letter reads.
In light of the foregoing, we urge X to disregard the DSS’s unlawful request. Compliance with this censorship attempt would constitute complicity in state repression, violating binding human rights obligations.
Our client reserves the right to seek redress before competent national and international fora should any action be taken that violates his rights.
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