The Federal High Court in Abuja has struck out the alleged cyberbullying case instituted against human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, by Senator Ned Nwoko, after the prosecution again failed to appear in court.
Justice Emeka Nwite struck out the case on Tuesday when the matter came up for hearing, with the prosecution absent despite previous adjournments.
According to an account of Tuesday’s proceedings by Sowore’s lawyer, Michael E. Effiwatt, counsel to the first defendant informed the court that the prosecution had again failed to appear, despite also being absent at the previous adjourned date.
The defence lawyer told the court that the case had been pending since 2022 and argued that it would be unfair to continue requiring Sowore, who had consistently attended proceedings, to appear in court when the prosecution had failed to diligently prosecute the matter.
He consequently asked the court to dismiss or strike out the case.
Prince Wayne, counsel representing the second and third defendants, SaharaReporters and SaharaReporters Media Group, who held the brief of Marshal Abubakar, supported the application.
Wayne argued that the Administration of Criminal Justice Act empowered the court to dismiss a criminal matter where the prosecution failed to attend to its case. He urged the court to dismiss the case or, alternatively, strike out the charge.
Ruling on the application, Justice Nwite agreed with the defence and struck out the case.
“This is the second time the matter has come up, and the prosecution is not in court, and the defendants’ counsel has applied for dismissal. I agree with the defendants’ counsel and consequently the case is hereby struck out, and the defendant is consequently discharged,” the judge ruled.
Reacting to the ruling, Sowore declared that the four-year legal battle had ended in victory for the defendants.
In a post on his Instagram page on Tuesday, the activist wrote: “Ned Nwoko’s ‘Mosquito Trial’ Ends in Defeat, We Won.”
Sowore said the case, which was instituted by the Nigeria Police on behalf of Nwoko, had ended after four years of legal proceedings.
“Justice Emeka Nwite struck out the case,” he said.
According to Sowore, the case originated in 2022 when he was arrested by the police following a cybercrime complaint by Nwoko.
He said the complaint followed a SaharaReporters report concerning Nwoko’s foundation and its campaign to eradicate mosquitoes across Africa.
Sowore said the allegations included claims that he had suggested that donors were being scammed through the mosquito-eradication project.
He explained that his question about how Nwoko intended to eradicate mosquitoes across Africa when mosquitoes allegedly could not be eradicated around his residence in Abuja eventually became the basis of the criminal case.
“For four long years, I stood my ground. Today, the case has ended and we won,” Sowore wrote.
The activist further accused the authorities of attempting to turn journalism, criticism and legitimate questions into a criminal matter, saying the effort had ultimately failed.
The case had suffered several delays and setbacks since it was instituted in 2022.
In April, the matter was adjourned to June 30 after Justice Nwite said he could not hear pending motions because of official engagements. At the time, the defence complained that the case had made little or no progress and that the prosecution had yet to secure the arraignment of the defendants.
The defence also challenged the legal basis of the prosecution, arguing that amendments to the Cybercrimes Act in 2024 had removed “insult” and “annoyance” as offences under the provision on which Sowore was being prosecuted.
Sowore’s lawyers argued that a criminal trial based on a provision that had been repealed could not validly continue.
“The police are attempting to prosecute an individual for actions that have been decriminalised by the National Assembly,” the defence had argued, describing the prosecution as a potential misuse of legal processes.
The defence also characterised the case as harassment and an attempt to pursue a personal vendetta through criminal prosecution.
The proceedings had previously stalled in February after the prosecution counsel, Emmanuel Inegbenoise, was unable to attend court because of his wife’s ill health. The court subsequently adjourned the matter to April 27.
In November 2025, the case was again adjourned after the prosecution mistakenly served counter-affidavits meant for the defendants at a wrong address.
The mistake resulted in the defence seeking additional time to respond to the court processes, leading to another adjournment.
Nwoko had petitioned against SaharaReporters Foundation and Sowore over alleged criminal defamation, injurious falsehood and publication of news allegedly known to be false.
The petition accused Sowore of making defamatory statements on SaharaReporters and social media with the alleged intention of damaging Nwoko’s business and political career.
The case involved Sowore, SaharaReporters and SaharaReporters Media Group, who faced a three-count charge of alleged cyberbullying filed by the police on behalf of Nwoko.
With Tuesday’s ruling, the Federal High Court has struck out the case and discharged the defendant, bringing the long-running criminal proceedings to an end.