Crime
Cybercrimes Act Abuses: SERAP Drags FG, States To ECOWAS Court
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu and Nigeria’s 36 governors over what it described as “the repressive use of the Cybercrimes (Amendment) Act 2024”.
The ECOWAS Court had in its judgment dated 25 March, 2022 “ordered Nigerian authorities to stop using section 24 of the Cybercrime Act 2015 to prosecute anyone on the grounds of insulting or stalking public officials online.”
The Court declared section 24 as “arbitrary, vague and repressive” and ordered Nigerian authorities “to repeal it in conformity with the country’s human rights obligations.” But while the Cybercrime (Amendment) Act 2024 has repealed section 24, it has not cured the arbitrary, vague and repressive nature of the provisions.
In the suit no: ECW/CCJ/APP/03/2025 filed last week before the ECOWAS Community Court of Justice in Abuja, SERAP is challenging “the legality and compatibility of the provisions of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 with the rights to freedom of expression and information.”
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The SERAP said, “The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalizing legitimate expression and punishing activists, journalists, bloggers and social media users.”
According to SERAP, “What constitutes ‘causing a breakdown of law and order’ in section 24(1)(b) of the amended legislation is unclear and undefined, threatening to punish peaceful and legitimate expression and opening the provisions up to abuse.”
The SERAP also said, “Rather than using the amended legislation to make cyberspace and its users safer, Nigerian authorities are routinely weaponizing it to curb Nigerians’ human rights and media freedom.”
The SERAP is arguing that, “The Cybercrime (Amendment) Act 2024, in addition to its arbitrary, vague and repressive section 24 provisions, broadly defines ‘cyberstalking’ in section 58 as ‘a course of conduct, directed at a specific person that would cause a reasonable person to feel fear.’”
The SERAP is also arguing that, “The provisions of the Cybercrimes (Amendment) Act 2024 represents a harshly punitive attempt to address the problems relating to stalking and harassment and fails to provide sufficient safeguards against misuse, particularly for peaceful and legitimate exercise of human rights.”
The SERAP is arguing that, “The use of section 24 of the Cybercrime (Amendment) Act 2024 to harass those who are deemed critical of the government directly threatens the staff, members and supporters of SERAP, particularly given the nature of the organization’s advocacy for human rights.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Mrs Adelanke Aremo and Andrew Nwankwo, read in part: “The amended legislation is abused to threaten and stifle people’s human rights and livelihoods.”
“The vague, arbitrary, and repressive provisions on ‘cyberstalking’ in section 24 of the Cybercrime (Amendment) Act 2024 are routinely abused to suppress factual reports by activists, journalists, bloggers and social media users, thereby leaving a chilling effect on human rights and media freedom.”
“Nigerian authorities not only have a negative obligation to abstain from unduly interfering with human rights and media freedom but also have a positive obligation to facilitate and protect these rights.”
“Freedom of expression is a fundamental human right and full enjoyment of this right is central to achieving individual freedom and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society.”
“Whether labelled as cyberstalking, criminal defamation, seditious libel of government officials or false news, the provisions of section 24 of the Cybercrime (Amendment) Act 2024 disproportionately penalize the accused and inevitably limits protected public discussion and debate on matters of legitimate public concern.”
“The ECOWAS Court had on 25 March 2022 ruled that section 24 of the Cybercrime Act 2015 is arbitrary, vague and repressive and therefore, is in contravention of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”
“The Court also ordered the Federal Republic of Nigeria to amend Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 in accordance with its obligations under Article 1 of the African Charter on Human and Peoples’ Rights.”
“The National Assembly amended section 24 and other provisions of the Cybercrime 2015 in 2024 but the new Cybercrime (Amendment) Act, 2024 still criminalizes ‘cyberstalking’. The provisions remain vague, arbitrary, and frequently misused by Nigerian authorities to crackdown on human rights.”
“Since the amendment of the Cybercrime Act in 2024, Nigerian authorities at all levels have consistently used the provisions of the Cybercrime Act to harass, intimidate, arbitrarily arrest and detain and unfairly prosecute users of social media, activists, journalists, and bloggers solely for the peaceful exercise of their rights.”
“Stories published online have been deemed ‘offensive’, ‘obstructive’, ‘insulting’ or ‘annoying’ with actionable consequences under provisions of section 24 of the Cybercrime (Amendment) Act 2024 even when the stories are true and factual.”
“According to the 2023 and 2024 Freedom House Reports on Nigeria, internet freedom of expression declined due to an unprecedented pattern of arbitrary arrests and detention of bloggers after the enactment of the Cybercrime (Amendment) Act 2024.”
“There are several reports on the recent abusive use of the arbitrary, vague and repressive provisions of section 24 of the Cybercrimes (Amendment) Act 2024.”
“For example, the police filed ‘cybercrime charges’ against activist Dele Farotimi under the arbitrary, vague and repressive provisions of the Cybercrimes (Amendment) Act 2024.”
“Journalist Agba Jalingo of the Cross River Watch Newspaper was charged with ‘cyberstalking’ over a report that a relative of a former governor of Cross River State had engaged someone to sit for law exams on her behalf.”
“Chioma Okoli was arrested following her comment on Facebook complaining about the sugar content of Nagiko tomato mix. Funke Adeoye was also reportedly summoned by the police for alleged cyberbullying due to a statement she shared on her X account.”
“The Nigeria police also reportedly re-arraigned four bloggers on fresh charges of alleged cyberstalking. The police also arrested ‘a famous singer’ for alleged cyberstalking and harassing Benin Crown Prince.’”
“The provisions of the amended legislation are inconsistent with international human rights law, which requires any regulation of freedom of expression to be necessary for a legitimate purpose and to be strictly proportionate to that end.”
The SERAP is therefore asking the ECOWAS Court of Justice for the following reliefs:
A DECLARATION that the provisions of section 24 of the Cybercrime (Prohibition Prevention, ETC) (Amendment) Act 2024 are unlawful, inconsistent and incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights.
A DECLARATION that the actions of the Defendant and its law enforcement agencies in arbitrarily applying and enforcing section 24 of the Cybercrime (Prohibition, Prevention, ETC) (Amendment) Act 2024 to harass, intimidate, arrest, detain, unfairly prosecute and imprison journalists, bloggers, social media users, and other Nigerians threaten and/or violate the rights to freedom of expression, information, opinion, privacy and media freedom, guaranteed under the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.
AN ORDER directing the Defendant to immediately repeal and/or amend section 24 of the Cybercrime (Prohibition, Prevention, ETC) (Amendment) Act 2024 in line with Nigeria’s obligations under Article 1 of the African Charter on Human and Peoples’ Rights and other relevant human rights treaties.
SUCH FURTHER orders the Honorable Court may deem fit to make in the circumstances of this suit.
No date has been fixed for the hearing of the suit.
The Economic and Financial Crimes Commission (EFCC) has secured a court order to arrest and detain six individuals suspected of orchestrating a cryptocurrency investment fraud worth over one billion dollars.
On Thursday, Justice Emeka Nwite of the Federal High Court in Abuja ruled in favor of the EFCC’s ex parte application, allowing the agency to apprehend the promoters of Crypto Bridge Exchange (CBEX).
The judge emphasized the strength of the application presented by EFCC counsel, Fadila Yusuf.
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“I have listened to the submission of the learned counsel for the applicant (EFCC). I have also gone through the affidavit evidence with exhibits thereto along with the written address. I am of the view, and I so hold, that the application is meritorious. Consequently, the application is granted as prayed,” Justice Nwite declared.
The six individuals named in the case are Adefowora Abiodun Olanipekun, Adefowora Oluwanisola, Emmanuel Uko, Seyi Oloyede, Avwerosuo Otorudo, and Chukwuebuka Ehirim.
All are accused of using their company, ST Technologies International Limited, to promote CBEX and mislead investors with promises of extraordinary returns.
According to the EFCC, intelligence received in April 2025 indicated that the suspects ran an elaborate scheme in which investors were urged to convert their digital assets into USDT, a stablecoin, and deposit them into CBEX’s wallet.
Initially, users were allowed to monitor their investments, but after accumulating deposits exceeding $1 billion, the platform reportedly became inaccessible.
The anti-graft agency’s preliminary investigation revealed that the investment platform, though promoted by a registered company, lacked proper licensing from the Securities and Exchange Commission (SEC).
Additionally, the accused had allegedly vacated their known addresses in Lagos and Ogun States, making it difficult to track them down.
Fadila Yusuf, representing the EFCC, argued that the defendants’ actions violated several laws and that arrest warrants were crucial to advance the investigation.
She noted that the EFCC received actionable intelligence alleging various criminal activities involving the suspects, and stressed the commission’s responsibility in preventing and investigating financial crimes.
“The defendants are at large, and a warrant of arrest is required to arrest the defendants for proper investigation and prosecution of this case,” Yusuf said.
The commission has requested that the suspects be placed on the red watch list to facilitate their apprehension.
It maintains that granting the application serves the interest of justice and is necessary to proceed with prosecution based on the evidence gathered so far.
A TikTok content creator, Emmanuel Ajibade, appeared before an Akure Magistrates’ Court on Thursday over allegations of cyberbullying a Federal Road Safety Corps (FRSC) officer.
According to the police prosecutor, Inspector Taiwo Oniyere, the incident took place in the Higher Height Area of Orita Obele in Akure.
Oniyere explained that Ajibade, along with unidentified accomplices still at large, conspired to commit a series of offences including cyberstalking, cyberbullying, and criminal defamation.
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The prosecutor claimed that Ajibade used his TikTok account, checkers69, to circulate false information with the intention of causing public nuisance and targeting an FRSC official, Ibitoye Samuel.
“His action also resulted in intimidation, enmity and hatred, ill will and needless anxiety for Ibitoye Samuel, an official of FRSC in the state,” Oniyere told the court.
He added that the offences violated Section 27(b) and Section 24(b) of the Cybercrime (Prohibition, Prevention, etc.) Act of 2015.
Based on these allegations, Oniyere urged the court to order Ajibade’s remand in a correctional facility under Section 269(2)(b) of the Nigerian legal code.
Ajibade’s legal representative, Mr. A. F. Awala, responded by requesting a short adjournment to enable the defence team to file a counter-affidavit.
In her ruling, Chief Magistrate Olateju Odenusi-Fadeyi ordered that the defendant be held at the SWAT Police Station rather than a correctional centre.
She also instructed the police to ensure Ajibade receives necessary medical care while in custody.
The case was adjourned until April 30, 2025, for mention.
A senior lecturer at Abubakar Tafawa Balewa University (ATBU), Bauchi, Dr Usman Aliyu, has been dismissed from his position following allegations of sexual harassment brought against him by a postgraduate student, Mrs Kamila Rufai Aliyu.
The decision was ratified during the university’s 96th regular council meeting held on April 11, 2025, and made public through the ATBU Herald (Vol. 39 No. 5, April 22), the institution’s official publication.
The dismissal came after the Senior Staff Disciplinary Committee found Dr Aliyu guilty of misconduct.
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The disciplinary panel concluded that the lecturer engaged in an inappropriate relationship with Mrs Kamila Aliyu, a married student from the Department of Chemical Engineering, Faculty of Engineering and Engineering Technology.
According to the university’s dismissal letter, “Following the report of the Senior Staff Disciplinary Committee that found you guilty of an indecent relationship involving a student of the university, Mrs Kamila Rufai Aliyu… the council has subsequently approved your dismissal from the services of the university with immediate effect.”
Mrs Aliyu had submitted a petition to the university in 2024, accusing Dr Aliyu of sexually harassing her and alleging that he threatened to jeopardize her academic progress if she refused his advances.
In response to the accusations, Dr Aliyu filed a defamation lawsuit against the student, her department, and the university. Despite the legal action, the university continued its internal investigation, which led to the eventual dismissal.
The university noted that the decision was in accordance with “Chapter 3, Item F, I (o) of the Senior Staff Conditions of Service of the University,” as stated in a release by the Senior Deputy Registrar, Senior Staff Establishment, Alhaji Abdullahi Suleiman.
Furthermore, the lecturer has been instructed to return all university belongings in his custody.
“You are hereby directed to hand over all the property of the university in your possession to the Head of Department and your identification card to the Chief Security Officer of the university,” the letter added.
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