Lawyers have raised concerns about how the Cybercrime (Prohibition, Prevention, etc.) Act is being enforced, warning that its application increasingly infringes on citizens’ right to free speech.
The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, sounded the alarm over what he described as the growing misuse of the law to target individuals for their online expressions.
Speaking yesterday during a live appearance on ARISE Television in Abuja, Osigwe alleged that, instead of focusing strictly on internet fraud and other cyber-related offences, the law is being used to arrest, detain, and prosecute individuals over online comments and alleged criminal defamation.
He noted that journalists, activists, and government critics are among those most frequently affected, describing the trend as a threat to democratic governance and constitutional freedoms.
According to Osigwe, the Act is often invoked against critical commentary directed at public officials, a practice he said suppresses dissent under the guise of combating cybercrime.
He further observed that some suspects charged under the law are denied bail, even in cases where the offences are ordinarily bailable, raising concerns about due process and the protection of fundamental rights.
The NBA president warned that the continued misuse of the Act could erode public confidence in the justice system. He stressed that public office holders in a democracy must be open to scrutiny and criticism, rather than using criminal prosecution to silence opposing views.
First enacted in 2015 and amended in 2024, the Cybercrime Act has faced sustained criticism from civil society groups and media stakeholders, who argue that certain provisions are vaguely worded and prone to abuse.
Advocacy organisations have repeatedly called for a review of sections they believe infringe on constitutionally guaranteed freedoms.
