KEY POINTS
- Cybercrimes Act misuse alleged by NBA president.
- Cybercrimes Act misuse seen as threat to free speech.
- Cybercrimes Act misuse sparks calls for safeguards.
The President of the Nigerian Bar Association, Afam Osigwe, SAN, warned that authorities are misusing the Cybercrimes Act to stifle dissent, arguing that they now deploy provisions meant to combat online fraud and cyberterrorism against critics and activists.
Speaking on Wednesday, Osigwe said the misuse of the Cybercrimes Act reflects a troubling pattern in which authorities investigate, charge, and detain citizens over allegations of cyberstalking or criminal defamation, even in cases that would ordinarily qualify for bail. He described the trend as an erosion of democratic space under the pretext of enforcing digital laws.
Cybercrimes Act misuse raises free speech concerns
Osigwe said authorities are increasingly using the Cybercrimes Act to punish speech-related offences, arguing that the law no longer serves its original purpose. He noted that lawmakers passed the Act in 2015 and amended it in 2024 to combat online fraud, cyberterrorism, and related crimes.
Critics, however, have argued that loosely defined provisions, particularly those dealing with cyberstalking, create room for arbitrary interpretation. “Free speech is being muzzled in Nigeria under the guise of charging people to court and investigating them for cybercrime and criminal defamation,” Osigwe said.
He expressed concern that some judicial officers deny bail in cases involving bailable offences and warned that such decisions risk portraying the courts as instruments of political influence.
The misuse tests judicial independence
According to the NBA president, public officials should be subject to scrutiny and higher standards of accountability. Suppressing criticism through legal processes, he said, undermines democratic governance.
“If our judges become willing tools… then the judiciary becomes a willing tool in the hands of the oppressors,” Osigwe said, cautioning that such practices weaken institutional credibility.
While debate over the Cybercrimes Act misuse has intensified in recent months, with journalists and civil society groups raising alarms about arrests tied to social media commentary and investigative reporting.
The government says that the law is essential to deal with new digital risks, but lawyers say that clearer protections are needed to stop misuse and defend people’s fundamental rights to free speech. The argument shows that there are still problems between protecting civil freedoms and national security in Africa’s most populous democracy.
