FG Urged to Expunge Sections 24 and 38 of Cybercrimes Act

Emma Okonji

Paradigm Initiative, Enough Is Enough and Media Rights Agenda groups have called on the federal government to as a matter of urgency, prevail on the Judiciary to expunge sections 24 and 38 of Nigeria’s Cybercrimes Act. The two bodies are also demanding a review of the entire document of the Cybercrimes Act.

According to them, Nigeria’s Cybercrimes Act is dangerous to democracy, especially sections 24 and 38 that are infringing on the rights of the media, which amounts to a huge threat to free speech and free press.

“Nigeria’s Cybercrimes Act remains a huge threat to free speech and free press. The law is routinely used to persecute journalists and Nigerian citizens. Journalists are the newest victims of the misapplication of the law under President Muhammadu Buhari, said the Chief Executive Officer, Paradigm Initiative, Mr. Gbenga Sesan.

He further added: “Paradigm Initiative, Enough Is Enough and Media Rights Agenda are on a legal battle to have sections 24 and 38 of the Cybercrimes Act declared unconstitutional. The two sections have been repeatedly used to persecute journalists and critics in the last two years. We are challenging the judiciary over the Cybercrimes Act and we want the Federal Executive arm of government to prevail and ensure that the judiciary handles the issue in favour of the masses.”

The Cybercrimes Bill was passed into law in 2015, after former President Goodluck Jonathan assented to the Bill.
The Act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria. The act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights.

But since its passage into law, Nigerians from all walks of life have been agitating against it, because of its draconian nature, which they said, is inimical to the growth of democracy.

Section 24 deals with Cyberstalking, while Section 38 deals with Records retention and protection of data.
According to Section 24, any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent: commits an offence under this Act and shall be liable on conviction to a fine of not more than N7 million or imprisonment for a term of not more than three years or to both such fine and imprisonment.

Section 38 stipulates that a law enforcement agency may, through its authorised officer, request for the release of any information in respect of subsection (2) (b) of this section and it shall be the duty of the service provider to comply.

Subject to the provisions of this Act, any person who contravenes any of the provisions of this section commits an offence and shall be liable on conviction to imprisonment for a term of not more than three years or a fine of not more than N7 million or to both fine and imprisonment. The two organisations said although some parts of the Act have good intention, their applications are targeted against human rights.