Renowned human rights advocate Femi Falana has clarified changes to Nigeria’s Cybercrime Act, emphasizing that sections criminalizing cyberstalking and “insulting” others have been removed.
He explained that, under the revised law, these actions are no longer considered criminal offenses in Nigeria.
Speaking on Arise Television’s program Corruption and Human Rights Violation in Nigeria, Falana detailed the proper 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 the law’s aim was never to criminalize speech.
Recalling the act’s origins, Falana said, “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.”
This clause, according to him, received widespread criticism from human rights groups, who argued it violated Nigeria’s constitutional protections on free speech and conflicted with the African Charter on Human and Peoples’ Rights.
Falana noted that the Socio-Economic Rights and Accountability Project instructed his team to challenge the law.
“We had instructions from the Socio-Economic Rights and Accountability Project to approach the Economic Community of West African States’ court here in Abuja,” he recounted.
The ECOWAS court ultimately ruled that the provision violated Article 9 of the African Charter, calling on Nigeria to repeal the law.
Another organization also mounted a similar legal challenge led by Falana’s colleague, Olumide Babalola. This case further encouraged the National Assembly to comply with ECOWAS’ decision. These actions led to revisions in February 2024, removing sections regarding “annoying” or “insulting” messages.
“But unfortunately, people are still being arrested and charged under the repealed provisional law,” Falana remarked, stressing that the revised law calls for aggrieved parties to seek civil remedies like filing for libel instead of pursuing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.
The revised law, he explained, is now narrower in scope. “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 said.
Falana expressed concern that some people continue to be arrested under the old, 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 stated, calling for clarity and proper enforcement of the updated legislation.
