Arrest Of Journalist For Cyberstalking Now Unlawful – Falana

• Femi Falana clarifies it’s no longer lawful to arrest journalists for posting offensive comments due to the repeal of Cybercrime Act
• ECOWAS Court nullified Cybercrime Act’s Section 24, directing its repeal; amended section now specifies offenses and penalties for conviction

Human rights lawyer Femi Falana (SAN) has clarified that it is no longer lawful to arrest journalists or writers who post perceived offensive comments about individuals in the country.

Falana stated that the federal government has repealed Section 24 of the Cybercrime Act, 2015, which previously criminalized such posts.

In recent times, some journalists and bloggers have been forcefully arrested under alleged offenses of ‘cyberstalking’, ‘insult’, ‘annoying’, ‘sending offensive messages’, and ‘criminal intimidation’.

However, Falana explained in a statement on Thursday that the ECOWAS Court of Justice had nullified the section’s provisions and directed the federal government to repeal them, which it has complied with.

He mentioned that the verdicts are contained in the cases of Laws and Rights Awareness Initiative (Suit No. ECW/CCJ/APP/53/18) and Socio-Economic Rights and Accountability Project (SERAP), (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.”

He highlighted that the section, which previously provided for various offenses related to offensive messages, has now been amended.

Falana explained that the amended section now specifies that “Any person who knowingly or intentionally sends a message or other matter using computer systems or network that –(a) Pornographic: or (b) He knows to be false, to cause 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.”

He concluded by stating, “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 offenses of ‘cyberstalking’, ‘insult’, ‘annoying’, ‘sending offensive messages’, and ‘criminal intimidation’. Consequently, all pending cases filed based on the repealed aspects of section 24 of the Cybercrime Act 2015 should be discontinued without further delay.”