The party rejects the reported suspension of its candidate’s case, demanding full discontinuation, an apology and the return of his seized property

The African Action Congress has demanded the immediate discontinuation of the Department of State Services’ prosecution of its presidential candidate, Omoyele Sowore, rejecting the reported decision to merely suspend the case until after the 2027 presidential election.

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The party made the demand on Sunday, August 30, 2026, in a statement signed by its National Publicity Secretary, Rex Elanu, after reports emerged that DSS Director-General Tosin Ajayi had directed the agency’s private counsel, Senior Advocate of Nigeria Akinolu Kehinde, to take steps towards pausing the proceedings.

According to a source familiar with the matter, Ajayi, Kehinde and senior officials of the DSS legal directorate met on August 20 to discuss temporarily suspending the case, with the reported aim of allowing Sowore to participate fully in the 2027 presidential campaign.

The AAC, however, said a temporary suspension did not resolve what it considers an improper prosecution.

“We do not consider the purported suspension of this needless case to be good news,” the party said.

The party argued that it was not aware of any provision in Nigerian criminal procedure allowing a prosecutor to simply suspend a criminal trial indefinitely, insisting that the appropriate step would be to discontinue the case completely.

“The proper course is to discontinue the prosecution,” the AAC said.

The party interpreted the reported decision as an indication that the case had become an uncomfortable political issue for the DSS and the administration of President Bola Ahmed Tinubu.

“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,” it said.

The Sowore DSS prosecution arose from social media posts in which the AAC candidate referred to President Tinubu as a “criminal”.

The DSS subsequently sought legal determination over whether the comments amounted to cyberbullying and related offences.

Sowore declined an earlier demand to remove the posts, leading to the prosecution that has remained before the Federal High Court for almost a year.

The AAC said the case represented an inappropriate use of public resources against a political opponent for criticising the President.

“For nearly a year, state resources have been deployed in a case arising essentially from Sowore’s description of Bola Tinubu as a ‘criminal,’” the party said.

“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.”

The party described the prosecution as “an abuse of state power, political persecution and an unconscionable waste of public resources”.

It also rejected the reported explanation that pausing the proceedings would enable Sowore to participate in the 2027 election, arguing that his political activities should never have been restricted by the case in the first place.

The party’s demands extend beyond the court proceedings.

It called on Attorney-General of the Federation to discontinue the case completely rather than leave it dormant until after the election, warning against any attempt to revive the matter later as a political tool.

The AAC also demanded a formal apology and appropriate compensation for Sowore, including reimbursement for legal expenses, time and other disruptions allegedly caused by the prosecution.

It further called for compliance with any existing court orders requiring the DSS to pay monetary penalties or costs arising from its treatment of Sowore.

Another major demand concerns Sowore’s international passport, which the party said remains in the custody of the Federal High Court in Abuja under conditions attached to the case.

The AAC argued that the passport should be returned immediately because presidential campaigning has commenced and Sowore should be able to travel within Nigeria and abroad to meet supporters and engage with voters.

The party also demanded the return of Sowore’s phones and other electronic devices allegedly retained by the DSS since 2019, including property whose return it said had already been ordered by a court.

It separately called for the return of a drone and other equipment allegedly seized from Zainab Sodiq, a journalist and media assistant to Sowore.

The AAC further accused the security agency of harassing Sodiq and other Nigerians and demanded an end to what it described as intimidation of journalists, activists and political organisers.

The party broadened its criticism to include what it called the weaponisation of state institutions against political opponents and critics of government.

It argued that the principle should apply regardless of political affiliation, citing former Kaduna State Governor Nasir El-Rufai and others who have alleged that state institutions have been used against them for political reasons.

“No Nigerian should be persecuted because of their political views, criticism of government or participation in lawful democratic activities,” the party said.

The AAC also rejected any attempt to present the reported suspension as an act of goodwill by the security agency.

“It is not magnanimity to stop doing something that should never have been done in the first place,” the party said.

The dispute comes as Sowore prepares for another presidential campaign, with the AAC candidate seeking to challenge President Tinubu and other contenders at the January 16, 2027 presidential election.

Sowore has remained a prominent critic of successive Nigerian administrations and has had repeated encounters with security agencies.

His most notable confrontation came in 2019, when he was arrested over his planned #RevolutionNow protest.

His subsequent detention and legal battles generated widespread criticism and became part of the broader debate over civil liberties and the treatment of government critics in Nigeria.

The latest case has similarly raised questions about the boundary between criticism of public officials and criminal liability for statements made online.

For the DSS, the original prosecution was presented as a matter requiring judicial interpretation of whether an individual could publicly describe another person as a criminal without a court pronouncement.

For the AAC, however, the case represents something much broader: an alleged attempt to use state power to constrain a presidential candidate.

The reported suspension now leaves the Federal High Court with a potentially consequential decision. If the DSS formally applies to pause the proceedings, the court will determine whether such an arrangement is procedurally appropriate.

Until then, the prosecution remains a live legal matter, while the AAC is pressing for a definitive end rather than a temporary pause.

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With the 2027 campaign already under way, the dispute is likely to remain closely watched as Nigeria balances the competing demands of political participation, freedom of expression and the authority of security and judicial institutions.