Falana: Police And Security Agencies Lack Authority To Arrest Nigerians Over Cyberstalking

Falana: Police And Security Agencies Lack Authority To Arrest Nigerians Over Cyberstalking

Published on May 17, 2024 at 9:00 AM
By Noah Abdulsalam

Renowned human rights lawyer, Femi Falana, SAN, has asserted that the police and other security agencies do not possess the legal mandate to arrest, detain, or prosecute Nigerians for cyberstalking…..read also EFCC: ‘Yahaya Bello Has Lost Immunity From Arrest, Can Be Prosecuted’ – Falana

Falana’s statement comes in the wake of the Economic Community of West African States (ECOWAS) Court’s declaration of Section 24 of the Cybercrime Act 2015 as illegal.

In a statement issued on Tuesday, Falana called for the immediate cessation of all ongoing cases filed under Section 24 of the Cybercrime Act 2015. He emphasized that the ECOWAS Court’s ruling also directed the Federal Government to amend the section to uphold Nigerians’ rights to freedom of expression.

According to Falana, Section 24 of the Cybercrime Act 2015 had previously criminalized activities such as cyberstalking, insult, causing annoyance, sending offensive messages, and criminal intimidation. However, the ECOWAS Court’s judgments in various cases, including Laws and Rights Awareness Initiative (Suit No. ECW/CCJ/APP/53/18) and Socio-Economic Rights and Accountability Project (Suit No ECW/CCJ/APP/09/19), deemed this section illegal.

In response, the Nigerian government has repealed Section 24 and replaced it with Section 5 of the Cybercrime Amendment Act, aligning it with fundamental rights enshrined in the Nigerian Constitution and international human rights laws.

Falana’s statement underscores the critical importance of protecting citizens’ rights to freedom of expression in the digital age, ensuring that laws and regulations adhere to constitutional principles and international standards.