A legal luminary and human rights activist, Mr Femi Falana (SAN), has disclosed that it is now illegal for the police and other security agents to arrest journalists for cyberstalking, insult, causing annoyance, offensive messages and criminal intimidation.
Falana stated this in a statement he personally sighed and made available to TheIdeal News on Thursday
The Senior Advocate also cited the recent two judgments of the ECOWAS Court in the suits by the Laws and Rights Awareness Initiative and the Social Economic Rights and Accountability Project (SERAP) which declared Section 24 of the Cybercrime Act 2015 illegal.
He added that the ECOWAS Court also directed the Federal Government to amend the said Section 24 of the Cybercrime Act in line with the fundamental human rights of Nigerians as enshrined in Section 39 of the 1999 Constitution (as amended).
Falana further disclosed that In line with both judgments of the ECOWAS Court, the Federal Government has repealed Section 24 of the Act by removing the provisions relating to ‘cyberstalking’, ”insult’, ‘causing annoyance’, ‘sending offensive messages, ‘sending offensive messages’, and ‘criminal intimidation’ from the Cybercrime Act 2015 and replaced same with section 5 of the Cybercrime Amendment Act.
It is instructive to note 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But Falana has stated that the said section is no longer valid and cannot be used against Nigerian journalists.
The Senior Advocate then said, “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.”
