Femi Falana, SAN, a highly respected human rights lawyer, has contested the authority of Nigerian police and security agencies to arrest, detain, and prosecute citizens for alleged offenses such as “cyberstalking,” “insult,” “causing annoyance,” and “criminal intimidation.”
In a release on Thursday, the human rights lawyer highlighted the illegality of cases filed under the now-repealed aspects of Section 24 of the Cybercrime Act 2015. He emphasized that all pending cases pertaining to this section should be discontinued without further delay.
In a press release obtained by journalists, esteemed human rights lawyer Femi Falana, SAN, discussed the range of online activities that were criminalized under Section 24 of the now-repealed Cybercrime Act 2015. These activities encompassed “cyberstalking,” “insult,” “causing annoyance,” “sending offensive messages,” and “criminal intimidation.”:
“(a) Any person who, knowingly or intentionally sends a message or other matter by means of computer systems or network that (a) is grossly offensive, pornographic or of an indecent, obscene, or menacing character or causes any such message or matter to be so sent; or (b) He knows to be false for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent: commits an offence under this Act and shall be liable on conviction to a fine of not more than N7000,000 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.”
“However, in the cases of Laws and Rights Awareness Initiative (Suit No. ECW/CCJ/APP/53/18) and Socio-Economic Rights and Accountability Project (Suit Laws and Rights Awareness Initiative (Suit No ECW/CCJ/APP/09/19), the Ecowas Court declared section 24 of the Cybercrime Act 2015 illegal and directed the federal government to amend the section to make the law conform with the fundamental right of Nigerian citizens to freedom of expression guaranteed by section 39 of the Constitution of the Federal Republic of Nigeria,1999 and article 9 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria 2004.

“In line with both judgments of the Ecowas Court, the Government of Nigeria has repealed section 24 by removing the provisions relating to ‘cyberstalking’, ”insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’ from the Cybercrime Act 2015 and replaced same with section 5 of the Cybercrime Amendment Act which provides as follows:
“Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that – (a) Pornographic: or
(b) He knows to be false, for the purpose of causing a breakdown of law and order, posting a threat to life or causing such a message to be sent commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.”
“From the foregoing, it is crystal clear that the Police and other security agencies lack the power to arrest, detain and prosecute Nigerian citizens for the so- called offences of ‘cyberstalking’, ”insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’. Consequently, all pending cases filed on the basis of the repealed aspects of section 24 of the Cybercrime Act 2015 should be discontinued without any further delay.”
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