Prominent human rights lawyer, Femi Falana, SAN, asserted yesterday that Nigerian police and other security agencies are not authorized to arrest, detain, or prosecute individuals for cyberstalking.
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He called for the immediate discontinuation of all ongoing cases under Section 24 of the Cybercrime Act 2015, emphasizing that the Economic Community of West African States (ECOWAS) Court has declared this section unlawful.
Falana highlighted that the ECOWAS Court has directed the Nigerian government to amend Section 24 to align with Nigerians’ rights to freedom of expression.
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He noted, “It is now illegal to arrest journalists for offenses such as cyberstalking, insult, causing annoyance, sending offensive messages, and criminal intimidation.”
Section 24 of the Cybercrime Act, 2015, criminalized actions including sending messages deemed grossly offensive, obscene, or menacing, and those that cause annoyance, inconvenience, or intimidation, with penalties of up to N7 million in fines or three years in prison.
However, Falana cited two ECOWAS Court cases – Laws and Rights Awareness Initiative (Suit No. ECW/CCJ/APP/53/18) and Socio-Economic Rights and Accountability Project (Suit No. ECW/CCJ/APP/09/19) which ruled this section illegal, mandating amendments to protect freedom of expression under Nigerian and international law.
Following these judgments, the Nigerian government has repealed the contentious section and introduced Section 5 of the Cybercrime Amendment Act, refining the law to ensure compliance with fundamental rights.
