Questions have emerged over the federal government’s decision to outsource the prosecution of the case involving the Federal Republic of Nigeria (FRN) versus activist Omoyele Sowore and SaharaReporters to a private lawyer.

At a hearing on Wednesday, counsel for the Nigeria Police presented a memorandum from the Federal Ministry of Justice authorising the outsourcing under Section 174 of the 1999 Constitution. The memo reportedly states that the Nigeria Police Force will bear the cost of engaging private counsel, effectively funding the prosecution with public resources.

The charge, filed in the name of the Federal Government, was initiated at the request of former Inspector-General of Police Kayode Egbetokun over the publication of a police wireless message. The matter has now been adjourned to May 28, 2026.

Legal practitioner Tope Temokun, who was present in court, described the development as raising constitutional and administrative concerns. He questioned the transparency of outsourcing prosecutions to private lawyers at taxpayers’ expense and argued that the Attorney-General has a continuing duty to reassess whether such cases meet constitutional tests of public interest and justice.

Temokun contended that criminal prosecution under Section 174 is meant to serve the public interest and should not be used to pursue matters arising primarily from reputational grievances of public officials. He warned against what he described as unlimited outsourcing of prosecutions funded by public money without clear justification.

In his statement, Temokun noted that several cases against Sowore stem from criticism directed at public officials and argued that the courts have been burdened with multiple proceedings linked to such disputes.

He further called for the development of binding prosecutorial guidelines to regulate police-initiated charges, periodic review of pending cases, clearer rules on engaging external counsel and safeguards to prevent misuse of criminal processes as retaliatory action.

Sowore, a former presidential candidate and activist, is facing multiple criminal charges filed in the name of the Federal Government, many of which remain pending before the Federal High Court in Abuja. Critics say the proliferation of these cases raises broader concerns about the use of state resources in politically sensitive prosecutions.

The latest development comes amid renewed debate over prosecutorial discretion and the role of law enforcement agencies in initiating and funding criminal cases.