Human rights lawyer, Femi Falana, SAN, has disclosed that arresting a journalist for cyberstalking, insult, causing annoyance, offensive message and criminal intimidation is illegal.
Falana stated this in a statement he sent to Vanguard on Thursday.
He noted that the Economic Community of West Africa States, 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.
Recall that Section 24 of the Cybercrime Act, 2015 had criminalised ‘cyberstalking’, ”insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’ ”insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’. Specifically, section 24 provided as follows:
“(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 N7,000, 000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.”
But reacting to ECOWAS call, Falana in his statement titled: ‘It has become illegal to arrest journalists for cyberstalking, insult, causing annoyance, offensive message and criminal intimidation’, opined:
“Section 24 of the Cybercrime Act, 2015 had criminalised ‘cyberstalking’, ”insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’ ”insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’. Specifically, section 24 provided as follows:
“(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 N7,000, 000.00 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”.
