Human rights advocate Femi Falana emphasized yesterday that law enforcement agencies like the police do not have the authority to arrest, detain, or prosecute Nigerians for cyberstalking. He called for dismissing all ongoing cases related to Section 24 of the Cybercrime Act 2015, citing a ruling by the Economic Community of West African States (ECOWAS) Court that deemed this section illegal.
Falana highlighted that the ECOWAS court’s decision not only invalidated Section 24 but also urged the Nigerian government to revise it to safeguard citizens’ freedom of expression. He stressed that it’s now considered unlawful to target journalists or individuals for alleged cyberstalking, insults, annoying, sending offensive messages, or criminal intimidation online.
Before this development, Section 24 of the Cybercrime Act penalized various online behaviors, imposing hefty fines or imprisonment. However, following legal challenges from advocacy groups like the Laws and Rights Awareness Initiative and the Socio-Economic Rights and Accountability Project, the ECOWAS Court ruled Section 24 unconstitutional. The court directed the Nigerian government to amend the section to ensure alignment with constitutional and human rights standards.
As a result, the Nigerian government repealed Section 24 and introduced Section 5 of the Cybercrime Amendment Act. This new provision emphasizes the importance of adhering to legal standards when sending messages through computer systems, reflecting a commitment to upholding citizens’ rights while addressing cyber-related offenses.
