The Federal High Court in Abuja has struck out the alleged cyberbullying case instituted against human rights activist and African Action Congress presidential candidate, Omoyele Sowore, by Senator Ned Nwoko.
Justice Emeka Nwite struck out the case on Tuesday after the prosecution again failed to appear before the court.
The case, which dates back to 2022, was brought against Sowore, SaharaReporters and SaharaReporters Media Group following a complaint by Nwoko.
During Tuesday’s proceedings, counsel to Sowore told the court that the prosecution had failed to appear despite being absent at the previous adjourned date.
The defence argued that it would be unjust to continue compelling Sowore, who had consistently attended proceedings, to appear in court when the prosecution had repeatedly failed to diligently prosecute the matter.
Counsel therefore urged the court to dismiss or strike out the case.
Prince Wayne, who represented the second and third defendants, SaharaReporters and SaharaReporters Media Group, also supported the application.
He argued that the Administration of Criminal Justice Act empowered the court to dismiss a matter where the prosecution failed to attend to its case.
Delivering his ruling, 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 judgment, Sowore described the case as the “Mosquito Trial”, declaring that the four-year legal battle had come to an end.
In a post on Instagram on Tuesday, the activist wrote: “Ned Nwoko’s ‘Mosquito Trial’ Ends in Defeat, We Won.”
Sowore said the case began in 2022 following his arrest by the police over a cybercrime complaint allegedly lodged by Nwoko.
According to him, the complaint followed a SaharaReporters report concerning Nwoko’s foundation and its campaign to eradicate mosquitoes across Africa.
Sowore said he had questioned how Nwoko intended to eradicate mosquitoes across Africa when, according to him, the insects had not been eradicated around his residence in Abuja.
He maintained that the case was an attempt to criminalise journalism, criticism and legitimate questioning.
“For four long years, I stood my ground. Today, the case has ended and we won,” he said.
The case had suffered several adjournments and delays since it was instituted.
In April, the matter was adjourned to June 30 after Justice Nwite said he could not hear pending motions because of official engagements.
The defence had previously argued that little progress had been made in the case and challenged the legal basis of the prosecution.
It also contended that amendments to the Cybercrimes Act in 2024 removed “insult” and “annoyance” as offences under the provision on which Sowore was being prosecuted.
Sowore’s lawyers argued that a criminal trial founded on a provision that had been repealed could not validly continue.
The defence had also accused the prosecution of harassment and attempting to use criminal proceedings to pursue a personal vendetta.
The matter was further delayed in February when the prosecution counsel, Emmanuel Inegbenoise, was unable to attend because of his wife’s ill health. It was subsequently adjourned to April 27.
In November 2025, another adjournment followed after the prosecution mistakenly served counter-affidavits meant for the defendants at the wrong address.
Nwoko had petitioned the police over alleged criminal defamation, injurious falsehood and publication of news allegedly known to be false, accusing Sowore of making defamatory statements on SaharaReporters and social media with the alleged intention of damaging his business and political career.
