365NEWS gathered that Netizens, including a public interest lawyer, Inibehe Effiong, have schooled the Force Public Relations Officer, Olumuyiwa Adejobi, on the 2024 Cybercrime Act.
In his recent exchanges on social media, the FPRO has invoked the Act during conversations with members of the public, especially, with members of the public who criticised the government or the police.
But in various tweets shared on their X handles, the netizens and Adejobi exchanged hot words over the police interpretation of the law.
The controversy began when the police spokesperson posted a picture frame of the past Inspectors-General of Police in the country to celebrate them.
Adejobi captioned the frame, “Former and current indigenous IGPs in Nigeria. We celebrate you all (living and late)”
But responding, a user identified as Lord Drey tweeting as @HommiesDrey described the former IGPs as “Living and late criminals from the most corrupt civil organisation in the entire multiverse.”
Responding, the force spokesman wrote, “You will repeat it with evidence soon. It’s a matter of time.”
When tagged further by another user on the platform, Adejobi said Lord Drey “needs to prove that all the past IGPs are corrupt or criminals. It’s a simple thing.”
He wrote, “He should know that the only court that has jurisdiction over the Cybercrime Prohibition Act (Offences) is the Federal High Court. You gerrit?”
In another tweet, Adejobi wrote, “We need to understand that many Nigerians are not aware or deliberately claim to be ignorant of the law against cyberstalking or cyberbullying or fake news, most especially the Cybercrime Prohibition Act of 2015.
“We always like to wade in sentiments when the law is being enforced. It’s high time we faced the reality. Many victims of cyberstalking and the like are now aware of the act, and they are ready to pursue their cases. Simple.”
Meanwhile, responding to the FPRO’s threat, Winston Adeaete said Adejobi’s tweet was an intimidation against people for speaking up about the police.
“All you want to do is to intimidate people from speaking up, challenging and criticising the police whilst police rife. It is a lie! Swallow that intimidation. Swallow it,” he tweeted with an image of a Premium Times headline – “Police most corrupt institution in Nigeria- Survey.”
However, reacting to the exchange, human rights lawyer, Effiong, wrote, “It is disgraceful that the Force PRO has been alluding to a law that no longer exists in Nigeria.”
He added, “The provisions of the infamous Section 24 of the Cybercrimes (Prevention and Prohibition) Act, 2015 that the police have been using to harass Nigerians has been repealed by the National Assembly and replaced with a radically different and new provision.
“The amended Act was assented to by President Tinubu in February 2024. Under the new Act, posts which are injurious to a person’s reputation are no longer a crime. The new Act limits the offence of cyber-stalking to messages sent using a computer which are: pornographic; a threat to the life of another; or likely to lead to a breakdown of law and order.
“In this specific case, the post made by this individual is neither pornographic, life-threatening nor capable of leading to a breakdown of law and order.
“By Section 36(12) of the 1999 Constitution, an act or omission is only an offence if it is so defined expressly in a written law. Nigerians should ignore the Force PRO,” the lawyer posted.
He further described the 2024 Cybercrimes Act as “a bad market for the Nigeria Police Force.”
He concluded, “They’re either unaware of the new law, or they’re yet to realise the ramifications of it.
“All these dubious and oppressive charges that they are filing against people over critical comments online will be thrown out by the court.”
Another X user who tweets as @AtikuChangeDCh2, also responded to the FPRO wondering if laws were meant for the citizens or citizens meant for the law.
“Are laws meant for the citizens or the citizens meant for the law? Why are laws in Nigeria often made to keep the citizens in chains and captivity whereas the criminal looting leaders and politicians continue their wicked criminal activities unchallenged? Occupational Force!” he wrote.
Also, Gbem who tweets as @gbemiro, wrote, “You were tagged in many cases of police extortion.
“Until your housekeeping is done, when it comes to police corruption, sit it out.”
The National Security Adviser, Nuhu Ribadu, had recently called for the full implementation of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act 2024, including the operationalisation of the National Cybersecurity Fund by all regulators and businesses specified in the second schedule of the Act.
In a statement signed by the head of his Strategic Communication Office, Zakari Mijinyawa, the NSA had said the directive was part of efforts to secure Nigeria’s Critical National Information Infrastructure, counter-terrorism and violent extremism, strengthen national security, and protect its economic interests.
On July 6, 2022, Nigeria joined 66 other countries that had signed and ratified the Budapest Convention on Cybercrime to enhance international cooperation and provide a common platform and procedural tools for efficient, and safe cyberspace under Section 41(2)(a) of Cybercrime Act 2015, requiring conformity of Nigerian cybercrime and cybersecurity laws and policies with regional and international standards
