{"id":3738,"date":"2025-02-06T12:18:56","date_gmt":"2025-02-06T12:18:56","guid":{"rendered":"https:\/\/placng.org\/Legist\/?p=3738"},"modified":"2025-02-06T12:18:58","modified_gmt":"2025-02-06T12:18:58","slug":"the-police-sowore-and-abuse-of-the-cybercrime-act","status":"publish","type":"post","link":"https:\/\/placng.org\/Legist\/the-police-sowore-and-abuse-of-the-cybercrime-act\/","title":{"rendered":"The Police, Sowore and Abuse of the Cybercrime Act"},"content":{"rendered":"\n

For calling Nigeria\u2019s Inspector General of Police, Kayode Egbetokun, \u2018Illegal IGP,\u2019 Omoyele Sowore, a leading democracy activist and publisher of the renowned online news site, Sahara Reporters, was arrested and jailed by the Nigeria Police.<\/p>\n\n\n\n

He was arraigned in court several days after his\narrest on a 16-count charge under the Cybercrime (Prohibition, Prevention, etc)\nAct, before Justice Musa Liman of the Federal High Court sitting in Abuja \u2014a\nclear misuse of legal provisions intended to combat genuine cyber threats. The\npolice accused Sowore of intentionally and knowingly sending messages through\nhis verified X account, where he referred to the IGP as \u201cillegal IGP Kayode\nEgbetokun\u201d, a publication the police considered to be false and aimed at\ncausing a breakdown of law and order.<\/p>\n\n\n\n

Although the Cybercrime Act was established to\nprotect Nigerian citizens from online threats, its provisions have been\nrepeatedly misapplied to suppress freedom of expression and target individuals\ncritical of the government. These actions not only contravene the original\nintent of the Act, but also violate fundamental human rights.<\/p>\n\n\n\n

Omoyele Sowore has consistently been a voice for\nthe voiceless, championing the cause of justice, accountability, and democratic\ngovernance in Nigeria. The latest action by the authorities to arrest, detain,\nand intimidate him under the guise of cybercrime allegations represents an\nalarming trend and pattern of abuse and use of the Cybercrime Act to suppress\ndissent and silence criticism. In addition to the use of the Cybercrime Act to\nsuppress critics of the government, the security agencies in Nigeria have also used the Act in favour of the\nrich and powerful, who find the security agencies as ready and willing tools to deploy against their\nnames on spurious allegations of cybercrime.<\/p>\n\n\n\n

Sowore\u2019s comments on the IGP came from the\ncontroversy surrounding the latter\u2019s tenure, which many see as contradicting the\nlaw. The tenure of the IGP is\ngoverned by the Constitution and the Police Act. The enactment of the Police Act\nin 2020 came from several years of pressure from civil society organisations,\nwho contended that the old Police Act of 1947, which was a colonial law, was\nantiquated and needed to be reformed to bring it into conformity with\ncontemporary standards, including respect for human rights and other needed\nsafeguards.<\/p>\n\n\n\n

Section 7 (3)<\/strong> of the\nPolice Act provides that the IGP shall be appointed by the President on the\nadvice of the Police Council from among serving members of the Police Force. This provision is a restatement of section\n215 (1)<\/strong> of the Nigerian Constitution.<\/p>\n\n\n\n

Under section 7(6)<\/strong> of the Act, the IGP is given a 4-year tenure. During the\ndeliberations of the police bill in the 9th National Assembly, the consensus\nrevolved around appointing a person to the office of the IGP for a 4-year term\nsubject to his not exceeding 35 years in the police force or attaining 60 years\nof age whichever is earlier. This is\ncaptured in section 18 (8)<\/strong> which says that: \u201cEvery police officer,\nshall on recruitment or appointment, serve in the Nigerian Police Force for a\nperiod of 35 years or until he attains the age of 60 years, whichever is\nearlier.\u201d<\/em><\/p>\n\n\n\n

When Kayode Egbetokun was first appointed IGP on\nJune 19, 2023 by\nPresident Bola Ahmed Tinubu, his tenure was set to conclude on September 4,\n2024, upon his attaining the mandatory retirement age of 60. However, just\nbefore his retirement, the President sent a bill to the National Assembly, seeking\nthe amendment of section <\/strong>18<\/strong> (8)<\/strong> of the Police Act by inserting\na new provision which states that \u201cNotwithstanding\nthe provisions of sub-section (8) of this section, any person appointed to the\noffice of Inspector-General of Police shall remain in office until the end of\nthe term stipulated in the letter of appointment in line with the provisions of\nSection 7(6) of this Act<\/em>.\u201d <\/p>\n\n\n\n

The amendment was passed by the National Assembly\nin July 2024, thereby providing the legal basis for retroactively appointing\nEgbetokun to a four-year tenure which was to commence in June 2023 and\nterminate in October 2027 \u2013 few months after the general elections of that\nyear. Critics argue that this amendment was made for the sole purpose of\nextending Egbetokun’s tenure, raising concerns about possible abuse and\ncompromise of the legislative powers and process.<\/p>\n\n\n\n

The amendment made to the Police Act in 2024, which\nappears to have given retroactive effect to the IGP\u2019s tenure, has fuelled the\nconversations around whether IGP Egbetokun\u2019s tenure is legal or not and forms\nthe basis of Omoyele Sowore\u2019s statement that describes the IGP as an \u201cillegal\nIGP.\u201d Provoked and irritated by the constant reference to him as \u201cillegal IGP,\u201d\nthe police proceeded to arrest, detain, and charge Sowore for offences under\nthe Cybercrime (Prohibition, Prevention, etc.) Act.<\/p>\n\n\n\n

Predictably, the arrest and arraignment of Sowore\nfor cybercrime has provoked outrage in the country, leading to allegations of\nmisuse and abuse of powers by the police. Critics question why state resources\nand public office should be used to tackle what can at worst be referred to as\na \u201cpersonal insult\u201d against IGP Egbetokun \u2013 an irritation for which IGP\nEgbetokun could address by seeking\na civil remedy.<\/p>\n\n\n\n

Unfortunately, there have been increasing instances\nof the misuse of power by Nigeria\u2019s security authorities, particularly the\nNigeria Police, to unjustly arrest, harass, and prosecute critics, journalists,\nactivists and social media users. Some of these instances are as follows:<\/p>\n\n\n\n

Instances of Cybercrimes Act\nMisuse:<\/strong><\/p>\n\n\n\n

  1. Omoyele Sowore (January 2025). <\/strong>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.”<\/li>
  2. Omoyele Sowore (February 24, 2022).<\/strong> Arrested and detained by the Nigerian Police, on allegations of criminal defamation of Senator Ned Nwoko.<\/li>
  3. Daniel Ojukwu, Journalist<\/strong> (May 2024) <\/strong>of the Foundation for Investigative Journalism, was detained by the police following an article alleging procurement fraud against a government official.<\/li>
  4. ICIR Journalists (May 2024).<\/strong> 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.<\/li>
  5. Dele Farotimi (December 2024).<\/strong> 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.”<\/li>
  6. Agba\u00a0Jalingo<\/strong> (August 2019). <\/strong>The publisher of\u00a0Cross-River Watch was arrested for publishing a report of corruption against the State Governor and\u00a0charged with terrorism, treasonable felony, and cybercrime. He was incarcerated for about 179 days.<\/li>
  7. Agba\u00a0Jalingo (8\u00a0December, 2022).<\/strong> He was arrested by\u00a0the Nigerian Police in\u00a0Cross\u00a0River State on\u00a0cybercrime charges for\u00a0an\u00a0article alleging\u00a0that a relation of the State Governor cheated at an examination.<\/li>
  8. Chioma Okoli (24 September, 2024). <\/strong>A woman who was arrested and charged under the Cybercrimes Act for allegedly making \u201cmalicious allegations\u201d 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.<\/li>
  9. Segun Olatunji, (March 2024)<\/strong>. The editor of an online media outlet, First News, arrested in Lagos and held for two weeks in Abuja without charge.<\/li>
  10. Joe Ajaero<\/strong> (September 2024).<\/strong> 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.\u00a0His arrest was made days after he made a statement criticizing\u00a0the\u00a0President Bola Tinubu-led administration\u00a0for raising the price of\u00a0petrol\u00a0by 39%\u00a0and\u00a0threatening to call a strike if the decision was not reversed.<\/li>
  11. Journalists\u00a0Olurotimi Olawale, Precious Eze Chukwunonso, Rowland Olonishuwa and Seun Odunlami<\/strong>\u00a0(September 2024).<\/strong> Arrested and charged\u00a0with criminal defamation under the Cybercrimes Act.<\/li>
  12. Journalists,\u00a0Haruna Mohammed\u00a0Salisu and\u00a0Idris\u00a0Kamal<\/strong> (28\u00a0June 2022).<\/strong>\u00a0Arrested by the Nigerian Police and charged\u00a0with criminal conspiracy, defamation, and cyberstalking.<\/li><\/ol>\n\n\n\n

    In reaction\nto the arrest of Sowore, PLAC had issued a statement on 29 January 2025,\ndecrying the weaponization of the Cybercrimes Act to target activists,\njournalists, and civil society actors. In that statement PLAC also called on\nsecurity agencies to:<\/p>\n\n\n\n

    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.<\/li>
    2. Desist from further misuse of the Cybercrimes Act and other laws\u00a0to target individuals for their lawful exercise of constitutional rights.<\/li>
    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.<\/li>
    4. Respect the Constitutional provisions requiring that an Inspector General of Police be appointed following laid down constitutional provisions.<\/li>
    5. Engage in constructive dialogue\u00a0with civil society and activists to address grievances and strengthen democratic governance in Nigeria.<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

      For calling Nigeria\u2019s Inspector General of Police, Kayode Egbetokun, \u2018Illegal IGP,\u2019 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) […]<\/p>\n","protected":false},"author":2,"featured_media":3728,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-3738","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts\/3738","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/comments?post=3738"}],"version-history":[{"count":1,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts\/3738\/revisions"}],"predecessor-version":[{"id":3739,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/posts\/3738\/revisions\/3739"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/media\/3728"}],"wp:attachment":[{"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/media?parent=3738"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/categories?post=3738"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/placng.org\/Legist\/wp-json\/wp\/v2\/tags?post=3738"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}