CSO Petitions IG, Demands End to Weaponisation of Cybercrime Act, Stifling of Press Freedom in Nigeria

Linus Aleke in Abuja 

An international non-governmental organization (NGO) operating under the aegis of Global Rights Nigeria has written to the Inspector General of Police (IG), Kayode Egbetokun, over the persistent and unlawful weaponisation of the Cybercrime (Prohibition, Prevention, etc.) Act 2015 (as amended) by officers of the Nigeria Police Force to suppress dissent, intimidate journalists, and shrink Nigeria’s civic space.

In a letter titled: ‘Open Letter to the Inspector-General of Police on the Weaponisation of the Cybercrime Act Against Press Freedom and Civic Space in Nigeria’, the Executive Director of Global Rights, Abiodun Baiyewu argued that the Nigerian Constitution guarantees the fundamental rights of every citizen – including freedom of expression, association, and peaceful assembly – under Sections 39 and 40, as well as the freedom of the press to hold the powerful accountable, as outlined in Section 22.

According to him, these rights are not mere privileges, but the bedrock of Nigeria’s constitutional democracy, where citizens only have the opportunity to “grade” their elected officials during time-bound and seasonal elections.

He insisted that the 1999 Constitution empowers the people to voice dissent and express concerns when they believe governance is failing.

“The Cybercrime Act was passed in 2015, ostensibly ‘to provide a unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria.’

“It was never meant to serve as a stumbling block to free expression or as a weapon to silence criticism of government or public officials.

“Yet, troublingly, Section 24 of the Act, in particular, has been applied selectively to criminalise dissent, turning what should be civil matters—such as defamation—into criminal offences,” he explained.

He cited several cases, including the case of Daniel Ojukwu, an investigative journalist, who was arrested in 2024 by police officers after publishing a story exposing alleged corruption within the Nigerian Presidency.

“Just this week, Hassan Mai-Waya Kangiwa, another journalist, was detained following his exposé on neglect at Kangiwa General Hospital in Kebbi State. These are not isolated cases.

“Between January and 9 August 2025, the Centre for Journalism Innovation and Development (CJID), through its Press Attack Tracker, documented 54 verified cases of press freedom violations across Nigeria, with the majority of these linked to security agencies—particularly the police. Disturbingly, many of these arrests were premised on the Cybercrime Act, a law originally designed to combat online fraud and other harmful cyber activities, not to police legitimate journalism or civic criticism.

“While Global Rights strongly supports responsible expression and urges citizens to act purposefully and ethically in their online communications, the remedy for defamation or reputational harm lies in the civil courts—not in criminal prosecution. Using police powers to criminalise defamation under the guise of the Cybercrime Act is undemocratic and risks ushering in mass censorship and repression.

“We are mindful that the Cybercrime Act was amended in 2024 to narrow the scope of Section 24. Nevertheless, we are alarmed that the police continue to enforce the Act as though the original, broader, and vague provisions were still operative. This not only disregards legislative intent but also undermines Nigeria’s international obligations. We urge you to recall the 2022 ruling of the ECOWAS Court of Justice in SERAP v. Nigeria, which held that Section 24 of the Cybercrime Act is incompatible with Article 9 of the African Charter on Human and Peoples’ Rights (ACHPR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR), both of which Nigeria is bound to uphold.”Moreover, Section 4 of the Nigeria Police Act 2020 mandates the Police to protect the fundamental rights of Nigerians. Continued arrests under Section 24 of the Cybercrime Act directly contravene this mandate,” he added.