Falana to FG, Governors, First Ladies: “End Digital Repression and Protect Press Freedom Now”

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the Federal Government, state governors and first ladies to “immediately end digital repression” and commit to digital democracy, human rights and media freedom.

Falana made the demand while presenting a paper titled “Press Freedom and Cybercrime Law in Nigeria: Bridging the Justice Gaps” at the plenary session of the NBA-SPIDEL (Nigeria Bar Association – Section on Public Interest and Development Law).

According to him, “Across Nigeria, serving and former public officers and increasingly their spouses have systematically weaponised law enforcement agencies to silence journalists, students, activists, whistleblowers, and political opponents.”

He criticised the persistent misuse of criminal law despite constitutional protections under Sections 35, 36 and 39, noting that such actions mirror colonial-era tactics used to suppress dissent.

Falana stated that cyberstalking complaints are now frequently used as a political tool rather than for public order. “These abuses violate the rule of law and constitute misapplication of state power,” he said.

The senior lawyer emphasised that press freedom remains central to Nigeria’s democracy, yet cybersecurity legislation — particularly the former Section 24 of the Cybercrime Act — has been repeatedly weaponised by public officials and their spouses to intimidate critics and criminalise legitimate expression.

He noted that despite court rulings and ECOWAS decisions striking down these provisions, security agencies still arrest journalists under offences that no longer exist. He attributed this to the lingering influence of military-era culture in law enforcement.

Falana explained that cyberstalking is now limited only to messages that are pornographic or knowingly false with the specific intention of causing a breakdown of law and order or posing a threat to life — a threshold often ignored by security agencies.

Citing past cases, including Arthur Nwankwo v State, he recalled that sedition was long declared incompatible with democracy. The judiciary, he said, has consistently advised public officers to pursue civil libel rather than criminal prosecution.

Falana also referenced Nigeria’s history of repressive press laws, from colonial sedition ordinances to military decrees such as Decree 4 of 1984 and Decree 2, which targeted journalists and pro-democracy advocates.

He noted that despite constitutional reforms and the repeal of criminal libel in Lagos, Edo and Ekiti, the culture of criminalising criticism persists.

He again cited ECOWAS Court rulings, including SERAP v Nigeria, which held that Nigeria cannot criminalise “insulting” or “annoying” expression, and declared vague cybercrime provisions unlawful — a judgment binding on Nigeria.

Falana warned that Nigeria still witnesses unlawful arrests even after Section 24 was amended in February 2024. He highlighted recent events, including the detention of 75 #EndBadGovernance protesters — among them 28 minors — under terrorism and treason allegations.

He also referenced Inspector-General of Police v. Chizorom Harrison Ofoegbu, where the Federal High Court dismissed two cybercrime charges after ruling it lacked jurisdiction over criminal defamation, reaffirming that a person cannot be prosecuted for a repealed offence.

Falana concluded by insisting that the misuse of cybercrime laws must end, urging government officials at all levels to respect constitutional rights and ensure that law enforcement aligns with democratic norms rather than outdated authoritarian practices.

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