By Barnabas Esiet.
Arresting journalists based on cyberstalking and criminal intimidation charges is deemed unlawful by human rights lawyer Femi Falana.
Falana’s statement comes after the Nigerian police invited International Center for Investigative Reporting (ICIR) management and reporter Nurudeen Yahaya Akewushola for alleged violations of the Cybercrime Act.
The senior advocate explained that although the Cybercrime Act initially criminalized cyberstalking, insult, causing annoyance, sending offensive messages, and criminal intimidation, the Nigerian government has since repealed and replaced those provisions with Section five of the Cybercrime Amendment Act.
Falana emphasized that arresting journalists on cyberstalking charges is illegal, citing judgments from the Ecowas Court that declared Section 24 of the Cybercrime Act 2015 as unconstitutional. The Nigerian government has since amended the law to align with citizens’ fundamental right to freedom of expression.
According to Section five of the Cybercrime Amendment Act, individuals who knowingly or intentionally send pornographic or false messages via computer systems or networks to disrupt law and order or threaten life may face fines up to N7,000,000, imprisonment for up to three years, or both.
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