SERAP said the ECOWAS Court gave the ruling in a suit it filed before the court, saying that Section 24 of the Cybercrime Act is contrary to the rule of law; therefore, the Nigeria Police cannot charge anyone with cyberstalking based on the provision of Section 24.
The Socio-Economic Rights and Accountability Project (SERAP) has said that the Economic Community of West African States (ECOWAS) Court has declared Section 24 of Nigeria’s Cybercrime Act vague, arbitrary and unlawful.
SERAP said the ECOWAS Court gave the ruling in a suit it filed before the court, saying that Section 24 of the Cybercrime Act is contrary to the rule of law; therefore, the Nigeria Police cannot charge anyone with cyberstalking based on the provision of Section 24.
“The ECOWAS Court has ruled [in the suit brought by SERAP] that Section 24 of Nigeria's Cybercrime Act is vague, arbitrary, and unlawful.
“So, it is contrary to the rule of law for the police to charge anyone with supposed 'cyberstalking'. Section 24 is INVALID!” SERAP stated on its Twitter page on Wednesday.
This comes a few hours after the Nigeria Police Force said it would arraign a Twitter user identified as Mr. Chude Franklin Nnamdi, who was arrested for posting about alleged ballot box snatching during Saturday’s governorship and State Assembly elections in Anambra State.
SaharaReporters reported that Chude on Saturday tweeted that the ruling All Progressives Grand Alliance (APGA) had taken the state back to the ballot box snatching era, adding that the elections witnessed ugly incidents in many parts of the state.
“#Breaking: APGA thugs are on rampage in Trans-Nkisi, 3’3 & Awada snatching ballot box. LP is winning comfortably across Anambra. I can't remember the last time I heard of ballot box snatching in Anambra. This is the height of it. @CCSoludo has taken us back to Mbadinauju’s era,” Chude tweeted on Saturday.
The police confirmed Chude's arrest in a statement released on Wednesday by the Force Spokesman, Olumuyiwa Adejobi, claiming that a prima facie case had been established against him.
The police claimed that his Twitter post violated Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 and other criminal laws.
The statement reads: “The Nigeria Police hereby confirms that one Mr. Chude Franklin Nnamdi with Twitter handle ‘ @chude__’ was arrested in Onitsha, Anambra State on the 18th of March, 2023, and he is being investigated by the Nigeria Police Force National Cyber Crime Centre (NPF-NCCC) Abuja, for cyberstalking, pursuant to a complaint received via a petition, about his activities on social media which contravenes the provision of Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 and other criminal laws.
“Furthermore, a prima facie case has been established against him while the case file has been forwarded to the Force Legal Department for further action.
“The Nigeria Police Force therefore urges members of the public to familiarise themselves with provisions of the law and be aware of the penalties for violating them most especially cybercrime laws with the new trends in the digital media space.”