|
Listen to article
|
The president of the Nigerian Bar Association said on Wednesday that Nigeria’s Cybercrimes Act is increasingly being invoked against critics, journalists and ordinary citizens in ways that raise concerns about freedom of expression and the handling of criminal cases in court.
Afam Osigwe, a Senior Advocate of Nigeria, spoke in an interview on ARISE Television’s Prime Time programme, where he said individuals were being investigated, charged and in some cases detained over statements made online or in public discourse that authorities classify as cybercrime or criminal defamation.
“Free speech is being muzzled in Nigeria under the guise of charging people to court and investigating them for cyber crime and criminal defamation,” Osigwe said.
He said some defendants are refused bail despite facing offences that are ordinarily bailable under Nigerian criminal procedure. “Even when the matters are ordinarily bailable, judges and magistrates are increasingly appearing to be tools in the hands of politicians and ‘big men’ and refuse bail even where there is no basis for not granting bail,” he said.
Osigwe warned that the pattern risks undermining judicial independence and public confidence in the courts. He said elected officials should be subject to scrutiny and criticism in a democratic system and that the use of criminal processes to silence dissent could weaken accountability mechanisms.
“If our judges become willing tools in giving them that which they desire, which is to put those people out of circulation, then there’s something wrong and the judiciary becomes a willing tool in the hands of the oppressors and thereby becomes an oppressor itself,” he said.
Nigeria enacted the Cybercrimes (Prohibition, Prevention, etc.) Act in 2015 to address offences including online fraud, identity theft, computer related forgery and cyberterrorism. The law provides investigative powers to law enforcement agencies and prescribes penalties for a range of offences involving electronic communications and computer networks.
Parliament amended the statute in 2024, revising penalties and clarifying enforcement procedures. However, legal practitioners and civil society organisations have focused on provisions criminalising “cyberstalking,” saying the wording is broad and may cover expressions of opinion or criticism directed at public figures.
Read also: Natasha’s Trial For Alleged Cybercrime Against Akpabio Postponed
Human rights groups and media organisations have documented arrests and prosecutions linked to social media posts, commentary and investigative reporting. In several cases cited by advocacy organisations, complainants were public officials or individuals alleging reputational harm.
Authorities have defended the law as necessary to address harassment, threats and financial crimes conducted through digital platforms. Police and prosecutors have said online communication can facilitate fraud and intimidation and requires legal tools comparable to those governing offline conduct.
Under Nigeria’s constitution, citizens have the right to freedom of expression, including the right to receive and impart information.
The constitution allows restrictions in defined circumstances such as public safety, public order and protection of the rights of others, leaving courts to interpret how those limits apply to online communication.
Legal scholars note that courts have increasingly been asked to consider whether criminal sanctions are appropriate in disputes involving reputation, speech and political commentary. Some lawyers have argued that civil remedies, including defamation suits, may provide alternatives in certain cases, while others say criminal provisions remain lawful if narrowly applied.
The Nigerian Bar Association has in recent years issued statements urging caution in the enforcement of cybercrime provisions and calling for clear prosecutorial guidelines. The association represents thousands of lawyers across Nigeria and regularly engages government institutions on legal reforms and judicial administration.
Osigwe said the legal profession has a responsibility to monitor the application of criminal statutes and to ensure due process protections are respected. He added that denial of bail in non violent offences could lead to prolonged pre trial detention and place pressure on defendants before courts have determined guilt or innocence.
Read more: AU Members Approve Morocco For Peace, Security Panel
Debate over the law has intensified as internet use and social media participation expand rapidly in Nigeria, Africa’s most populous country.
Online platforms are widely used for political mobilisation, journalism and civic advocacy, as well as commercial activity and interpersonal communication.
Observers say the issue has implications beyond individual prosecutions, affecting public confidence in democratic institutions and the balance between protecting reputations and safeguarding open debate. Government officials have previously said enforcement actions target unlawful conduct rather than legitimate criticism and that courts remain the venue for determining the facts of each case.
Osigwe said discussions between the legal profession, lawmakers and judicial authorities would continue, adding that reforms or clarifications could be considered within the framework of existing law.
