The Police, Sowore and Abuse of the Cybercrime Act

For calling Nigeria’s Inspector General of Police, Kayode Egbetokun, ‘Illegal IGP,’ Omoyele Sowore, a leading democracy activist and publisher of the renowned online news site, Sahara Reporters, was arrested and jailed by the Nigeria Police.

He was arraigned in court several days after his arrest on a 16-count charge under the Cybercrime (Prohibition, Prevention, etc) Act, before Justice Musa Liman of the Federal High Court sitting in Abuja —a clear misuse of legal provisions intended to combat genuine cyber threats. The police accused Sowore of intentionally and knowingly sending messages through his verified X account, where he referred to the IGP as “illegal IGP Kayode Egbetokun”, a publication the police considered to be false and aimed at causing a breakdown of law and order.

Although the Cybercrime Act was established to protect Nigerian citizens from online threats, its provisions have been repeatedly misapplied to suppress freedom of expression and target individuals critical of the government. These actions not only contravene the original intent of the Act, but also violate fundamental human rights.

Omoyele Sowore has consistently been a voice for the voiceless, championing the cause of justice, accountability, and democratic governance in Nigeria. The latest action by the authorities to arrest, detain, and intimidate him under the guise of cybercrime allegations represents an alarming trend and pattern of abuse and use of the Cybercrime Act to suppress dissent and silence criticism. In addition to the use of the Cybercrime Act to suppress critics of the government, the security agencies in Nigeria have also used the Act in favour of the rich and powerful, who find the security agencies as ready and willing tools to deploy against their names on spurious allegations of cybercrime.

Sowore’s comments on the IGP came from the controversy surrounding the latter’s tenure, which many see as contradicting the law. The tenure of the IGP is governed by the Constitution and the Police Act. The enactment of the Police Act in 2020 came from several years of pressure from civil society organisations, who contended that the old Police Act of 1947, which was a colonial law, was antiquated and needed to be reformed to bring it into conformity with contemporary standards, including respect for human rights and other needed safeguards.

Section 7 (3) of the Police Act provides that the IGP shall be appointed by the President on the advice of the Police Council from among serving members of the Police Force. This provision is a restatement of section 215 (1) of the Nigerian Constitution.

Under section 7(6) of the Act, the IGP is given a 4-year tenure. During the deliberations of the police bill in the 9th National Assembly, the consensus revolved around appointing a person to the office of the IGP for a 4-year term subject to his not exceeding 35 years in the police force or attaining 60 years of age whichever is earlier. This is captured in section 18 (8) which says that: “Every police officer, shall on recruitment or appointment, serve in the Nigerian Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.”

When Kayode Egbetokun was first appointed IGP on June 19, 2023 by President Bola Ahmed Tinubu, his tenure was set to conclude on September 4, 2024, upon his attaining the mandatory retirement age of 60. However, just before his retirement, the President sent a bill to the National Assembly, seeking the amendment of section 18 (8) of the Police Act by inserting a new provision which states that “Notwithstanding the provisions of sub-section (8) of this section, any person appointed to the office of Inspector-General of Police shall remain in office until the end of the term stipulated in the letter of appointment in line with the provisions of Section 7(6) of this Act.”

The amendment was passed by the National Assembly in July 2024, thereby providing the legal basis for retroactively appointing Egbetokun to a four-year tenure which was to commence in June 2023 and terminate in October 2027 – few months after the general elections of that year. Critics argue that this amendment was made for the sole purpose of extending Egbetokun’s tenure, raising concerns about possible abuse and compromise of the legislative powers and process.

The amendment made to the Police Act in 2024, which appears to have given retroactive effect to the IGP’s tenure, has fuelled the conversations around whether IGP Egbetokun’s tenure is legal or not and forms the basis of Omoyele Sowore’s statement that describes the IGP as an “illegal IGP.” Provoked and irritated by the constant reference to him as “illegal IGP,” the police proceeded to arrest, detain, and charge Sowore for offences under the Cybercrime (Prohibition, Prevention, etc.) Act.

Predictably, the arrest and arraignment of Sowore for cybercrime has provoked outrage in the country, leading to allegations of misuse and abuse of powers by the police. Critics question why state resources and public office should be used to tackle what can at worst be referred to as a “personal insult” against IGP Egbetokun – an irritation for which IGP Egbetokun could address by seeking a civil remedy.

Unfortunately, there have been increasing instances of the misuse of power by Nigeria’s security authorities, particularly the Nigeria Police, to unjustly arrest, harass, and prosecute critics, journalists, activists and social media users. Some of these instances are as follows:

Instances of Cybercrimes Act Misuse:

1. Omoyele Sowore (January 2025). Charged with 16 counts under the Cybercrime Act based on his social media posts referring to the Inspector General of Police as an “illegal IGP.”
2. Omoyele Sowore (February 24, 2022). Arrested and detained by the Nigerian Police, on allegations of criminal defamation of Senator Ned Nwoko.
3. Daniel Ojukwu, Journalist (May 2024) of the Foundation for Investigative Journalism, was detained by the police following an article alleging procurement fraud against a government official.
4. ICIR Journalists (May 2024). The Executive Director, a reporter, and lawyers of the International Centre for Investigative Reporting (ICIR) were detained by the Nigeria Police Force’s National Cybercrime Centre after being interrogated.
5. Dele Farotimi (December 2024). Human rights lawyer and activist Dele Farotimi was arrested in Lagos on December 3, 2024, and forcefully taken to Ekiti State to be charged to court on allegations of defaming a prominent lawyer, Afe Babalola in his book, “Nigeria and Its Criminal Justice System.”
6. Agba Jalingo (August 2019). The publisher of Cross-River Watch was arrested for publishing a report of corruption against the State Governor and charged with terrorism, treasonable felony, and cybercrime. He was incarcerated for about 179 days.
7. Agba Jalingo (8 December, 2022). He was arrested by the Nigerian Police in Cross River State on cybercrime charges for an article alleging that a relation of the State Governor cheated at an examination.
8. Chioma Okoli (24 September, 2024). A woman who was arrested and charged under the Cybercrimes Act for allegedly making “malicious allegations” aimed at demarketing Erisco Foods Limited, because she made a social media post commenting on the high sugar content in the tomato paste produced by the company.
9. Segun Olatunji, (March 2024). The editor of an online media outlet, First News, arrested in Lagos and held for two weeks in Abuja without charge.
10. Joe Ajaero (September 2024). The President of Nigerian Labour Congress (NLC) was arrested by the Department of State Services (DSS) at the Nnamdi Azikiwe International Airport, Abuja on his way to London to attend a labour union meeting. His arrest was made days after he made a statement criticizing the President Bola Tinubu-led administration for raising the price of petrol by 39% and threatening to call a strike if the decision was not reversed.
11. Journalists Olurotimi Olawale, Precious Eze Chukwunonso, Rowland Olonishuwa and Seun Odunlami (September 2024). Arrested and charged with criminal defamation under the Cybercrimes Act.
12. Journalists, Haruna Mohammed Salisu and Idris Kamal (28 June 2022). Arrested by the Nigerian Police and charged with criminal conspiracy, defamation, and cyberstalking.

In reaction to the arrest of Sowore, PLAC had issued a statement on 29 January 2025, decrying the weaponization of the Cybercrimes Act to target activists, journalists, and civil society actors. In that statement PLAC also called on security agencies to:

1. Immediately withdraw all charges and prosecution of Omoyele Sowore and all other critics of the government targeted in the misuse of the Cybercrimes Act.
2. Desist from further misuse of the Cybercrimes Act and other laws to target individuals for their lawful exercise of constitutional rights.
3. Respect and uphold the rule of law, ensuring that state institutions operate within the bounds of legality and do not become tools for suppressing opposing voices.
4. Respect the Constitutional provisions requiring that an Inspector General of Police be appointed following laid down constitutional provisions.
5. Engage in constructive dialogue with civil society and activists to address grievances and strengthen democratic governance in Nigeria.