Police lack power to arrest Nigerians over cyberstalking — Falana

-


uman rights lawyer, Mr Femi Falana, SAN, yesterday, insisted that the police and other security agencies lack the power to arrest, detain and prosecute Nigerians over cyberstalking.


Falana, who called for the discontinuance of all pending cases filed on Section 24 of the Cybercrime Act 2015, added that the Economic Community of West African States, ECOWAS Court, had declared Section 24 of the Cybercrime Act 2015 illegal.


According to him, the ECOWAS court had also directed the Federal Government to amend the section to conform with the rights of Nigerians to freedom of expression.


In a statement, the rights activist said: “It has become illegal to arrest journalists for cyberstalking, insult, causing annoyance, offensive message and criminal intimidation.


“Section 24 of the Cybercrime Act, 2015 had criminalised ‘cyberstalking’, ‘insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’ ‘insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’. Specifically, section 24 provided as follows: (a) Any person who, knowingly or intentionally sends a message or other matter using computer systems or network that (a) is grossly offensive, pornographic or of an indecent, obscene, or menacing character or causes any such message or matter to be so sent; or (b) He knows to be false for causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent: commits an offence under this Act and shall be liable on conviction to a fine of not more than N7million or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.


“However, in the cases of 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), the Ecowas Court declared section 24 of the Cybercrime Act 2015 illegal and directed the federal government to amend the section to make the law conform with the fundamental rights of Nigerian citizens to freedom of expression guaranteed by section 39 of the Constitution of the Federal Republic of Nigeria,1999 and article 9 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria 2004.


“In line with both judgments of the Ecowas Court, the Government of Nigeria has repealed section 24 by removing the provisions relating to ‘cyber stalking’, ‘insult’, ‘causing annoyance’, ‘sending offensive messages’, and ‘criminal intimidation’ from the Cybercrime Act 2015 and replaced same with Section 5 of the Cybercrime Amendment Act which provides as follows: Any person who knowingly or intentionally sends a message or other matter using computer systems.

Comments

Post a Comment

Popular posts from this blog

Ohanaeze Ndigbo Youth Council Contact 100 Religious Bodies To pray For Dr. Okezie' s Recovery

-
Image
By Anya C. Anya The Ohanaeze Ndigbo Youth Council Worldwide, an umbrella body of igbo youths resident in and outside Nigeria has contacted over 100 religious body to commence prayers for the quick recovery of HE Dr. Okezie Victor Ikpeazu who is currently in isolation and receiving treatment after testing Positive to coronavirus One out of the many samples Dr Okezie Ikpeazu send to NCDC testing laboratory in Ebonyi state returned Positive and subsequent on this , Dr Okezie Victor Ikpeazu was isolated and receiving treatment which made him hand over to his deputy Rt Hon. Sir Use Oko Chukwu In a press release made available to Abia Tracker  and signed by Mazi Okechukwu Isiguzoro(President General )Ohanaeze Ndigbo Youth Council Worldwide and Mazi Okwu Nnabuike  (Secretary General ) Ohanaeze Ndigbo Youth Council Worldwide. The organization described the news " as a Sad development " according to the organization the News of the Rising index Cases Of Coronavirus in the Sou
Read more

I Wear Revealing Clothes Because Nigerian Whether Is Hot ---Zainab

-
Image
 “Why I love to expose my body” Actress Bakare Zainab spills Nollywood actress, Bakare Zainab, has revealed why she loves to expose her body on social media. The Yoruba actress, who has come under fire several times for her raunchy photos, in an interview with City People TV, stated that she wears what she is comfortable in. According to her, her motive isn’t to expose her body but to be comfortable in her dress. To further defend herself, Bakare noted how Nigeria’s weather is always hot, hence why she loves to show off some skin. In a message to her critics, Bakare Zainab reminded them that she is old enough to decide her outfit as she is an adult. She added that many of her age mates are already married and in their husband’s house. “I wear what I am comfortable in. This isn’t about exposing my body. Fashion isn’t what people think about you, it is what you are comfortable in. Nigeria weather is bad and sometimes I feel hot and sometimes I feel okay. I don’t think it is anybody’s bus
Read more

Abia State School Of Nursing Immersed In Scandal Of Admission Racketeering

-
Image
  It is necessary to put an end to the corruption at Abia State School of Nursing, particularly on the Amachara Campus. Otherwise, the schoo reputation is under threat and her certificates will amount to toilet tissues.  The entrance form is purchased from the Ministry of Health at the cost of ₦10,000 paid to UBA. Some students paid a ransom fee between ₦80,000 and ₦150,000 to the school administrators to secure admission. The results are released two weeks after the exam, and those who 'pass' paid additional ₦15,000 to collect admission letters and ₦245,000 for tuition, hostel, books, and uniforms. But no book was given to the students. The selected students are registered as PTS students. Then, after two to three months of phantom lectures, the students paid ₦30,000, called the examination fee. Unfortunately, the so-called examinations are stage-managed whereby the school administrators/teachers collected between ₦500,000 and ₦1 million for any students that want to scale thr
Read more