It's Illegal for Security Agencies to Arrest Journalists for Cyberstalking -Femi Falana

Israel Adeleke 

In a groundbreaking development, Femi Falana, a prominent senior advocate of Nigeria (SAN), in a statement on Friday stated that security agencies no longer possess the legal authority to arrest journalists for cyberstalking. 

This assertion comes after a series of legal battles and amendments to existing legislation.

The focal point of this transformation lies in the repeal of section 24 of the Cybercrime Act 2015, which had previously criminalized various online behaviors, including 'cyberstalking', 'insult', 'causing annoyance', and 'sending offensive messages'. 

The statement recapped that the national assembly took decisive action by amending the law, and President Bola Tinubu officially signed the amendment bill into law in February.

Falana, a staunch advocate for human rights, underscored the significance of these changes.

He revealed that the amendments were prompted by legal suits filed against the federal government, highlighting the need to align Nigerian legislation with international standards. 

Notably, both judgments from the ECOWAS court played a pivotal role in shaping this decision.

He explained that the revised legislation replaces the contentious section 24 with a more nuanced provision: section 5 of the cybercrime amendment act. 

According to this new framework, any person who knowingly or intentionally sends a message or other content via computer systems or networks commits an offense if the material is either pornographic or knowingly false. 

The purpose behind such communication matters significantly, whether it aims to cause a breakdown of law and order, pose a threat to life, or disseminate harmful content.

The penalties for violating this amended law are substantial. Conviction could result in a fine of up to N7,000,000.00 or imprisonment for a maximum of three years, or both. 

By clearly delineating the boundaries of acceptable online behaviour, the legislation seeks to strike a balance between safeguarding citizens' rights and maintaining social order.

Importantly, Falana emphasized that the police and other security agencies no longer wield the power to arrest, detain, or prosecute Nigerian citizens for the offenses previously associated with cyberstalking. 

"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'." He said.

This legal clarity ensures that journalists can carry out their work without fear of unwarranted legal repercussions.

The statement however, emphasized that all pending cases based on the repealed aspects of section 24 of the cybercrime act 2015 should be promptly discontinued. 

This directive aims to rectify any injustices that may have occurred under the previous legal framework.

The recent case of Daniel Ojukwu, a journalist affiliated with the Foundation for Investigative Journalism (FIJ), exemplifies the impact of these changes. 

It would be recalled that Ojukwu regained his freedom after spending nine days in police custody, an ordeal stemming from alleged violations of the Cybercrime Act. 

His release serves as a tangible testament to the evolving landscape of press freedom in Nigeria.

However, Nigeria's repeal of the cyberstalking law represents a significant milestone in protecting journalists' rights and fostering a more transparent and accountable digital environment.

The legal community, civil society, and media professionals alike welcome this progressive step toward ensuring a free and responsible press in the nation.