Renowned human rights advocate, Femi Falana, has recently clarified the current state of Nigeria’s Cybercrime Act, highlighting that certain controversial sections, including provisions on cyberstalking and “insulting” others, have been removed.
These changes, Falana emphasized, mean that such actions are no longer considered criminal offenses under Nigerian law.
Speaking on the program “Corruption and Human Rights Violation in Nigeria” on Arise Television on Friday, Falana explained the correct legal recourse for individuals who feel harmed by online content.
“If you are offended by any publication, the right thing to do is to sue for libel or approach the court to put your reputation in order,” he stated, stressing that criminalizing speech was never the intention of the law.
Recapping the origins of the act, Falana recalled that, “In 2015, the cybercrime law was enacted by the National Assembly. Section 24 provided that anybody who sends a message via computer containing cyberstalking or insults that annoy people would be deemed to have committed an offense and could be tried and fined.”
According to him, this clause sparked widespread criticism from human rights groups, who argued that it clashed with both Nigeria’s constitutional protection of free speech and the rights enshrined in the African Charter on Human and Peoples’ Rights.
Falana noted that the Socio-Economic Rights and Accountability Project tasked his team with challenging the law.
“We had instructions from the Socio-Economic Rights and Accountability Project to approach the Economic Community of West African States’ (ECOWAS) court here in Abuja,” he recounted.
Following extensive legal arguments, the court ruled that the provision was inconsistent with Article 9 of the African Charter. “The government of Nigeria was therefore called upon to remove the law,” he explained.
In addition to the SERAP case, another organization led a similar challenge, represented by Falana’s colleague Olumide Babalola. The court again sided with the argument against the provision, ultimately encouraging the National Assembly to act in line with ECOWAS’ decision.
This led to the law being revised in February 2024 to eliminate sections concerning “annoying” or “insulting” messages.
“But unfortunately, people are still being arrested and charged under the repealed provisional law.
Falana underscored that, under the revised law, affected parties should address grievances by filing for libel or seeking other civil remedies rather than pursuing criminal charges.
“The whole idea is that if you are offended by any publication, sue for libel or go to court to put your reputation in use. The aim is not to criminalize speech. That has been removed,” he clarified.
Falana noted that the scope of the law is now limited. “The law is now limited. The section is now limited to using a computer to send pornographic materials because of immorality, and also sending such a message that can lead to civil disturbances and bring down law and order,” he explained.
However, despite these reforms, Falana expressed concern that people continue to face arrest and charges under the now-repealed provisions.
“I do hope the Attorney General of the Federation will draw the attention of the National Assembly and security agencies to the current state of the law,” he said, emphasizing the need for clarity and proper enforcement of the updated legislation.
