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The Harsh Truth: Why Muyiwa Adejobi Is Right on Cybercrime and Defamation—Reform, State Policing, and New Legislation Are Nigeria’s Only Path Forward -By John Egbeazien Oshodi

The advent of state policing and legislative reform offers a clear path forward. By decentralizing law enforcement and modernizing outdated laws, Nigeria can build a system that protects freedoms, fosters accountability, and promotes mental well-being. This is not merely a legal necessity—it is a moral and psychological imperative for a nation striving to fulfill its democratic potential. The time to act is now.

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Nigeria’s legal framework, rooted in colonial-era statutes, continues to impose a significant psychological and societal burden on its citizens. These outdated laws criminalize behaviors like online criticism and verbal insults—actions considered free speech in most modern democracies. Painfully, Nigeria Police spokesperson Muyiwa Adejobi’s assertion that online insults constitute cybercrime and defamation is correct under the country’s current laws. While this may seem like an affront to freedoms, it is a reflection of Nigeria’s legal reality, where confusion and inconsistency reign. To move forward, Nigeria must embrace reform, state policing, and new legislation to align with global standards, protect freedoms, and reduce the emotional toll on its people.

As a psychologist, I have observed the profound emotional and mental toll that outdated and unclear laws impose on Nigeria’s citizens. These relics of colonial rule continue to shape a legal system that criminalizes behaviors such as verbal insults and online criticism—actions protected as free speech in many modern democracies. This legal confusion fosters fear, self-censorship, and mistrust, suppressing individual expression and public dialogue. Law enforcement often exacerbates the problem by misinterpreting and misapplying laws such as the Cybercrimes Act 2015 to suppress dissent. Painfully, Muyiwa Adejobi, the Nigeria Police spokesperson, is right in asserting that these laws criminalize online insults. Although such laws are defunct or nonexistent in many countries, they remain active in Nigeria, a harsh reality that underscores the urgent need for reform. The advent of state policing and targeted legislative overhauls offers a pathway to dismantle this oppressive system and align with global standards of justice and freedom.

Outdated Laws and Their Lingering Impact

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Nigeria’s legal framework remains deeply rooted in colonial-era statutes that are out of sync with modern realities. Among the most glaring examples is the criminalization of defamation—a practice abandoned by many progressive nations. Globally, defamation is treated as a civil matter, enabling affected parties to seek remedies without imposing criminal penalties. In Nigeria, however, defamation laws are frequently weaponized to suppress critics and silence dissent.

The ongoing prosecution of activist Dele Farotimi, charged with criminal defamation in Ekiti State despite the state’s recent decriminalization of the offense, highlights the inconsistency and abuse inherent in the system. Similarly, the Cybercrimes Act 2015, designed to address genuine cybercrimes such as hacking, identity theft, and harassment, contains vague provisions criminalizing acts as broad as sending “annoying” or “insulting” messages online. This ambiguity allows law enforcement to interpret nearly any form of criticism or dissent as a criminal offense.

While amendments in 2024 narrowed the scope of these provisions, the mentality of criminalizing speech persists. Muyiwa Adejobi’s assertion that online insults constitute cyberbullying and are punishable reflects not only the application of these outdated laws but also the colonial mindset that conflates dissent with criminality. Tragically, while these laws are relics in many countries, they remain active and enforceable in Nigeria, perpetuating oppression instead of justice.

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Global Standards and Nigeria’s Legal Failures

In most modern democracies, verbal insults and online criticisms are not criminal offenses. For instance, the United States protects such speech under the First Amendment, with exceptions only for direct threats, incitement to violence, or defamation (which is treated as a civil matter). Similarly, in Europe, free speech is upheld as a fundamental right, with strict criteria for what constitutes harassment or hate speech.

Even cyberbullying laws in these nations are narrowly defined to address sustained and targeted harassment, particularly against vulnerable individuals—not isolated insults or criticisms.

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In stark contrast, Nigeria continues to conflate free speech with criminal behavior, labeling dissent as cyberbullying or defamation. This misalignment not only isolates Nigeria on the global stage but also undermines its democratic credentials. The persistence of these outdated practices reflects a lack of commitment to aligning legal frameworks with the realities of the digital age and modern governance principles.

 

The Consequences of Misapplied Laws

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The misuse of outdated and vague laws has profound psychological and societal repercussions. Citizens live under constant fear that an honest critique or perceived slight could lead to arrest or prosecution. This pervasive anxiety fosters a culture of self-censorship, stifling creativity, innovation, and civic engagement. Over time, the result is a fragmented and fearful society where public discourse is diminished.

The mental health toll of such an environment is severe. Victims of arbitrary arrests or legal harassment often experience stress, anxiety, and depression. These injustices erode not only individual well-being but also public trust in the justice system. When laws are inconsistently applied or used as tools of oppression, citizens feel powerless and disconnected, exacerbating a broader mental health crisis in a country already grappling with limited access to psychological support.

The erosion of public discourse is another critical consequence. A democracy relies on free and open dialogue to challenge injustices, hold leaders accountable, and foster societal progress. However, when law enforcement uses laws like the Cybercrimes Act or defamation statutes to silence dissent, the quality of public dialogue deteriorates. A society afraid to question authority stagnates, unable to address pressing issues or advocate for meaningful change.

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The Promise of State Policing and Legislative Reform

The introduction of state policing presents a transformative opportunity to address these systemic issues. By decentralizing law enforcement, state policing empowers individual states to craft and enforce laws that reflect their unique social, cultural, and economic contexts. This is not just a practical solution; it is a psychological necessity for rebuilding public trust and empowering citizens.

Localized Legal Frameworks

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State legislatures, in collaboration with state police forces, have the unique opportunity to modernize Nigeria’s outdated legal system. For example, states like Lagos and Edo, which have already decriminalized defamation, can extend similar reforms to cybercrime laws, ensuring these laws focus on genuine harms without infringing on free speech. Furthermore, state-specific definitions of cyberbullying can be developed to address sustained and harmful online behaviors rather than isolated criticisms or insults. By repealing or amending colonial-era statutes, states can break free from oppressive legacies and establish legal frameworks that prioritize justice, fairness, and individual rights over outdated systems of control.

Accountability and Trust

Unlike federal agencies, state police forces are inherently closer to the communities they serve, making them more responsive to local needs and more accountable for their actions. This proximity fosters collaboration and trust, reducing the likelihood of abuse and ensuring fair application of the law.

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A Call for Legislative Modernization

To fully realize the benefits of state policing, Nigeria must pursue comprehensive legislative reforms. The criminalization of verbal insults and online criticism must be abolished, replaced with laws that align with global standards and constitutional principles. Defamation should be codified strictly as a civil matter, eliminating its misuse as a tool for silencing critics. Cybercrime laws must focus on genuine threats and harassment, with clear definitions to prevent arbitrary enforcement.

Public education is equally vital. Citizens must understand their rights under the law and be empowered to demand accountability from law enforcement and the judiciary. A well-informed populace is the strongest defense against abuses of power and the erosion of freedoms.

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An Ironical Nod to the NPF

As Nigeria inches closer to the reality of state policing—a prospect the Nigeria Police Force (NPF) leadership in Abuja seems reluctant to embrace—the dynamics of power are set to shift dramatically. The centralized “one Abuja head for all Nigeria” approach, which the current Inspector General of Police (IGP) appears keen to maintain, thrives on outdated laws and a command structure that stifles local autonomy.

But here’s the humorous and realistic twist: while the IGP clings to these colonial relics for Abuja and federal operations, state police forces will likely modernize and adapt to local needs. Once state policing becomes operational, the federal police will find their primary duties limited to guarding federal properties, protecting diplomats, and, along with federal dogs, providing security for federal heads. Their responsibilities might even expand to include the protection of federal officials’ spouses, husbands, and children—keeping them occupied as their grip on the broader public wanes.

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Essentially, the NPF’s influence over the people will diminish, leaving it as a custodian of what’s left of its centralized power—a diminished force patrolling the corridors of Abuja’s influence. For those yearning to join modernity, there’s a clear path: return home to your native place, embrace progress, and join the state police!

Conclusion: A Path to Freedom and Well-Being

Nigeria’s legal and law enforcement systems are at a crossroads. The continued criminalization of speech and misuse of vague laws reflect a colonial-era mindset that has no place in a modern democracy. The psychological and societal costs of this system are immense, stifling freedoms, eroding trust, and damaging public mental health. As a psychologist, I witness the toll this environment takes on individuals and communities, leaving them fearful and disempowered.

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The advent of state policing and legislative reform offers a clear path forward. By decentralizing law enforcement and modernizing outdated laws, Nigeria can build a system that protects freedoms, fosters accountability, and promotes mental well-being. This is not merely a legal necessity—it is a moral and psychological imperative for a nation striving to fulfill its democratic potential. The time to act is now.

John Egbeazien Oshodi

John Egbeazien Oshodi

Professor John Egbeazien Oshodi, born in Uromi, Edo State, Nigeria, is an American-based police and prison scientist, forensic/clinical psychologist, public policy psychologist, and legal psychologist. He’s a government advisor on forensic-clinical psychological services in the USA and the founder of the Dr. John Egbeazien Oshodi Foundation for Psychological Health. With a significant role in introducing forensic psychology to Nigeria through N.U.C. and Nasarawa State University, he’s also a former Secretary-General of the Nigeria Psychological Association. He’s taught at esteemed institutions like Florida Memorial University, Florida International University, Nova Southeastern University, and more, and is currently an online faculty member at ISCOM University,  Weldios University and Walden University.

Opinion Nigeria is a practical online community where both local and international authors through their opinion pieces, address today’s topical issues. In Opinion Nigeria, we believe in the right to freedom of opinion and expression. We believe that people should be free to express their opinion without interference from anyone especially the government.

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