Group Denounces Nigerian Police Misuse of Cybercrimes Act to Silence Dissent, Citing Cases of Sowore, Dele Farotimi, Agba Jalingo, Others

The Policy and Legal Advocacy Centre (PLAC) has condemned the misuse of the Cybercrimes Act by Nigerian police authorities, particularly in the case of Omoyele Sowore, Agba Jalingo and other government critics.

PLAC’s Legist, in their latest Newsletter, released on February 5, 2025, calls for the immediate withdrawal of all charges against Sowore and demands that security authorities cease the misuse of the Cybercrimes Act to target individuals exercising their constitutional rights.

PLAC Legist is a legal research and legislative database developed by the Policy and Legal Advocacy Centre (PLAC) in Nigeria. It provides access to Nigerian laws, legislative documents, bills, gazettes, and other legal resources.

In the newsletter titled, ‘The Police, Sowore and Abuse of the Cybercrime Act,’ it lamented that for calling Nigeria’s Inspector General of Police, Kayode Egbetokun, ‘Illegal IGP’, Omoyele Sowore, a leading democracy activist and publisher of the renowned online tabloid – Sahara Reporters, was arrested and jailed by the Nigeria Police.

It noted that Sowore was arraigned in court several days after his arrest on a 16-count charge under the Cybercrime (Prohibition, Prevention, etc) Act, before Justice Musa Liman of the Federal High Court sitting in Abuja, describing it as “a clear misuse of legal provisions intended to combat genuine cyber threats”.

It said, “The police accused Sowore of intentionally and knowingly sending messages through his verified X account, where he referred to the IGP as “illegal IGP Kayode Egbetokun”, a publication the police considered to be false and aimed at causing a breakdown of law and order.

“Although the Cybercrime Act was established to protect

Nigerian citizens from online threats, its provisions have been repeatedly misapplied to suppress freedom of expression and target individuals critical of the government. These actions not only contravene the original intent of the Act, but also violate fundamental human rights.

“Omoyele Sowore has consistently been a voice for the voiceless, championing the cause of justice, accountability, and democratic governance in Nigeria. The latest action by the authorities to arrest, detain, and intimidate him under the guise of cybercrime allegations represents an alarming trend and pattern of abuse and use of the Cybercrime Act to suppress dissent and silence criticism.  

“In addition to use of the Cybercrime Act to suppress critics of the government, the security authorities in Nigeria have also used the Act in favour of the rich and powerful, who find the security authorities as ready and willing tools, to deploy against against their names on spurious allegations of cybercrime.”

The organisation noted that the enactment of the Police Act in 2020, came from several years of pressure from civil society organisations, who contended that the old Police Act of 1947, “which was a colonial law was antiquated and needed to be reformed to bring it into conformity with contemporary standards, including respect for human rights and other needed safeguards”.

It recalled: “Under the Act, the top position, in the police – Inspector General, was imbued with a 4-year tenure, subject to the mandatory retirment age of 60 or 35 years of service.

During the deliberations of the police bill in the National Assembly, the consensus revolved around appointing a person to the office of the IGP for a 4-year term subject to his not exceeding 35years in the police force or attaining 60 years of age which ever is earlier.

“Section 7 (3) of the Police Act provides that the IGP shall be appointed by the President on the advice of the Police Council from among serving members of the Police Force. Section 7 (3) of the Police Act is a restatement of section 215 (1) of the Nigerian Constitution.

“When Egbetokun was first appointed, IGP on June 19 2023, by President Bola Ahmed Tinubu, his tenure was set to conclude upon his retirement mandatory age of 60, on September 4 2024.

“However, just before his retirement, the President sent an amendment bill to the National Assembly, purporting to provide the legal basis for retroactively appointing Egbetokun to a four-year tenure, backdated to June 2023 and ending in October 2027 – few months after the general elections of that year. Critics argue that this amendment was made for the sole purpose of extending Egbetokun’s tenure, raising concerns about possible abuse and compromise of the legislative powers and process.

“The amendment made to the Police Act in July 2024 would appear to have been given retroactive effect by more than 1 year. It is this retroactivity that fuels the conversations around whether IGP Egbetokun’s tenure is legal or not and forms the basis of Omoyele Sowore’s statement that describes the IGP as “illegal IGP”.

“Provoked and irritated by the constant reference to him as “illegal IGP”, the police proceeded to arrest, detain, and charge Sowore for offences under the Cybercrime (Prohibition, Prevention, etc) Act.

“Predictably, the arrest and arraignment of Sowore for cybercrime has provoked outrage in the country, leading to allegations of misuse and abuse of powers by the police. Critics question why state resources and public office should be used to tackle what can at worst be referred to as “personal insult” against IGP Egbetokun – an irritation for which IGP Egbetokun could pursue by seeking a civil remedy.”

Highlighting instances where the Cybercrimes Act has been misused by security authorities, it said, “Omoyele Sowore (In January 2025): Charged with 16 counts under the Cybercrime Act based on his social media posts, referring to the Inspector General of Police as an “illegal IGP.”

“Omoyele Sowore (Feb 24th 2022) arrested and detained by the Nigerian Police, on allegations of criminal defamation of a Senator, Ned Nwoko

“Daniel Ojukwu, Journalist, (May 2024) of the Foundation for Investigative Journalism, who was detained by the police following an article alleging procurement fraud against a government official.

“ICIR Journalists (May 2024): The Executive Director, a reporter, and lawyers of the International Centre for Investigative Reporting (ICIR) were detained by the Nigeria Police Force’s National Cybercrime Centre after being interrogated.

“Lawyer and activist Dele Farotimi (December 2024): Human rights lawyer and activist Dele Farotimi, arrested in Lagos on December 3, 2024, and forcefully taken to Ekiti State to be charged to court, on allegations of defaming a prominent lawyer, Afe Babalola in his book, “Nigeria and Its Criminal Justice System.”

“Agba Jalingo, (August 2019), the publisher of Cross-River Watch, arrested for publishing a report of corruption against the State Governor and charged with terrorism, treasonable felony, and cybercrime. He was incarcerated for about 179 days.

“Agba Jalingo (8 December 2022), arrested by the Nigerian Police in Cross River State on cybercrime charges for an article alleging that a relation of his State Governor cheated at an examination.

“Chioma Okoli, a citizen who had put out a social media post about the sugar content of a tomato paste product.

“Segun Olatunji, (March 2024) editor of an online media outlet, First News, arrested in Lagos and held for two weeks in Abuja, without charge.

“Joe Ajaero (2024), President of Nigerian Labour Congress (NLC), was arrested by the Department of State Services (DSS) at the Nnamdi Azikiwe International Airport, Abuja on his way to London to attend a labour union meeting. His arrest was made days after he made a statement criticizing the President Bola Tinubu led administration for raising the price of petrol by 39% and threatening to call a strike if the decision was not reversed.

“Journalists Olurotimi Olawale, Precious Eze Chukwunonso, Rowland Olonishuwa and Seun Odunlami (2024) arrested and charged with criminal defamation under the Cybercrimes Act.

“Journalists, Haruna, Mohammed Salisu and Idris Kamal (28 June 2022) arrested by the Nigerian Police and charged with criminal conspiracy, defamation, and cyberstalking.”

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