On Monday, Nigeria witnessed the ‘Take-It-Back’ movement, a series of nationwide protests against bad governance, suppression of freedom of speech and the Cybercrime, (Prohibition, Prevention Amendment) Act, 2024.
In a report by Premium Times, protesters who took to the streets in Lagos claimed that one of the reasons for their protest is the Cybercrime Act which they allegedly said suppresses freedom of expression and punishes Nigerians.
According to findings, despite the amendment of the Cybercrime Act in 2024, protesting Nigerians are calling for its repeal.
What exactly does the Cybercrime Act entail? And why are Nigerians so fiercely opposed to it despite its amendments?
The Cybercrime Act
The Cybercrimes (Prohibition, Prevention, ETC.) Act, 2015, was Nigeria’s first comprehensive legislation regulating cyber offences. It aimed to protect Nigerians from online threats.
Later on, on February 28, 2024, President Tinubu signed its amendments into law. Since then, it has become the Cybercrime (Prohibition, Prevention,ETC) (Amendment) Act, 2024.
Twelve (12) sections in the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 were amended “to insert some consequential words that are inadvertently omitted.”
The Cybercrime (Prohibition, Prevention, ETC) (Amendment) Act, 2024 which consists of (13) sections also aims to provide a legal framework for combating cybercrimes in Nigeria.
It does this by addressing offences such as hacking, cyberstalking, cybersquatting, phishing, child pornography and related offences, and computer-related forgery, among others.
However, despite its amendment, it has become controversial and some sections have been criticised for their vagueness.
Overview of Section 24 of the Act
According to a recent report, Section 24 of the Act has been the centre of criticism. It has been declared infamous for its use by the authorities to allegedly violate the constitutional rights of Nigerians.
In section 24 (1), the legislation stipulates that anyone who knowingly uses a computer system or network to send “pornographic” (a) messages with the intent to break down law and order is guilty of an offence. A conviction can result in up to three years in prison, a ₦7 million fine, or both. (b)
The Act also criminalises internet bullying, threats, and harassment. Section 2 (1) states that any person who sends communications that put others in fear of death, violence, or bodily harm, or conveys threats to kidnap or harm, demands ransom, or seeks extortion, may face:
Serious threats, such as life threats or ransom requests, can result in up to 10 years in prison and/or a minimum punishment of ₦25 million [Section 24 (2)(c)(i)].
Threats against property or reputation can result in a minimum punishment of ₦15 million and up to 5 years in prison [Section 24 (2)(c)(ii)].
Courts can also impose protective orders to prevent additional harassment or threats against the victim. If the convicted person violates these instructions, they may face up to three years in jail, a ₦10 million fine, or both [Section 24 (3) & (4)].
Why Nigerians Want a Repeal of the Act
In the report by Premium Times, the national coordinator of the Take-It-Back movement, Juwon Sanyaolu, was reported to have said, “The Cybercrime Act is being used to silence dissent. We won’t accept that.”
In the same report, a protester by the name of Opayemi said, “The Cybercrime Act is being used to criminalise free speech. The Constitution guarantees freedom of expression, but this law punishes citizens for saying things the government finds uncomfortable.”
Since the Act was amended and enacted, it has been used to arrest and prosecute journalists and activists.
For instance, on May 1, 2024, an investigative journalist for the Foundation for Investigative Journalism (FIJ), Daniel Ojukwu, was arrested for his report which exposed the alleged misappropriation of funds by the office of the Senior Special Assistant to the President on Sustainable Development Goals (SDGs).
Ojukwu was detained for over a week without formal charges. He was let go on May 10, but the authorities said his story violated the 2015 Cybercrime Act.
In the same year, four journalists were charged in Lagos federal court with violating sections 24(1) (b)) and 27 of the Cybercrimes Act. This was because they had published a report that revealed an alleged fraud in Guaranty Trust Bank.
Also, in a report by Punch, Ibraheem Hamza Mohammed, a journalist with the First News online news site, was arrested by the Nasarawa State Command of the Nigerian Police on May 1, 2024, for violating the Cybercrimes Act in his report.
It was on May 10, 2024, that the journalist was granted bail after the Nigerian National Committee of the International Press Institute (IPI Nigeria) intervened.
Likewise, according to a report by Reporters Without Borders (RWF), Precious Eze of News Platform was also held under the Cybercrimes Act in May 2024.
In the same vein, on September 24, 2024, Chioma Okoli was detained and charged under the Cybercrimes Act for allegedly posting “malicious allegations” aimed at demarketing the company. This was following her social media post on the excessive sugar content of Erisco Foods Limited.
Expert’s Reaction
Speaking with our reporter, Olabisi Afolabi, an Associate at Olisa Agbakoba Legal said that the amendment to the 2015 Act has become one of the most unpopular actions of the 10th National Assembly and indeed the Bola Tinubu-led administration.
“A law that grants the security agencies sweeping powers to intercept private conversations without a court order, empowers an unknown office to levy a cybersecurity tax on businesses, and grants government at all levels sweeping powers to crack down on dissent on phony grounds of false information should be rejected by all and sundry,” he said.
He also condemned the use of tear gas against protesters as a violation of their constitutional right to peaceful assembly.
“The news of protesters being dispersed with tear gas canisters in several locations across the nation by the security forces is a denigration of the right of these Nigerians to peacefully assemble as granted by the Constitution.
Protest is an inalienable right of all Nigerians. The Constitution in section 40 thereof grants all Nigerians the right to peaceful assembly and association.”
Afolabi further added that a true democracy protects citizens’ rights, especially their right to peacefully oppose and protest laws they believe don’t reflect their will.
He said: “The hallmark of a democratic government is the protection of the rights of Nigerians it has sworn to uphold on its assumption of office, none the least, their right to reject legislations passed by the parliament as being unrepresentative of the wishes of the people and their right to protest the continued existence of such laws within every peaceful means until same is repealed. The attack on peaceful protesters is uncalled for and stands condemned.”
