HUMAN rights lawyer, Femi Falana, SAN, has reiterated that the police and other security agencies lack the authority to arrest, detain, and prosecute Nigerians over cyberstalking.
He emphasized the need to discontinue all pending cases filed under Section 24 of the Cybercrime Act 2015, citing a ruling by the Economic Community of West African States (ECOWAS) Court that declared the section illegal.
According to Falana on Thursday, the ECOWAS Court directed the Federal Government to amend Section 24 to align with Nigerians’ rights to freedom of expression.
He highlighted that the section criminalized actions such as cyberstalking, insults, causing annoyance, sending offensive messages, and criminal intimidation.
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Falana referred to specific cases, including 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), where the ECOWAS Court ruled Section 24 illegal.
The court instructed the government to amend the section to uphold citizens’ fundamental rights to freedom of expression as guaranteed by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
Consequently, the Nigerian government repealed Section 24, replacing it with Section 5 of the Cybercrime Amendment Act.
This new section focuses on prohibiting the knowing or intentional sending of messages or other matters using computer systems.
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