
In a joint statement released today, the One Love Foundation (OLF) and the Socio-Economic Rights and Accountability Project (SERAP) have urged the Nigerian government to take immediate steps to comply with the ECOWAS Court of Justice’s judgment nullifying Section 24 of the Cyber Crime (Prohibition, Prevention, etc.) Act, 2015.
See the SECTION, published below:
BEGINS–
Section 24(1) of the Cybercrime Act, 2015 reads A person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be sent, or he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent, commits an offence under this Act and is liable on conviction to a fine of not more than N7, 000, 000.00 or imprisonment for a term, not more than 3 years or both.”
—ENDS—
The statement, signed by the President and Founder of OLF the person of Chief Dr Patrick Osagie Eholor otherwise known as Ultimate Equal and the Director of SERAP, noted that the judgment was a significant victory for human rights and called on the government to implement the ruling without delay.
“The ECOWAS Court of Justice’s judgment is a resounding victory for freedom of expression, freedom of thought, freedom of assembly, and freedom of association in Nigeria,” the statement reads.
“The government must act swiftly to enforce the ruling and bring an end to the chilling effect of Section 24 of the Cyber Crime Act, which has stifled dissent and undermined democracy in the country. Sometime ago, when I went online to expose the deputy governor of Edo state the person of Comrade Philip Shaibu on how his fuel station do go against the approved pumped price, the next thing I got was a letter of intimidation asking me to come and report to the station on why I made such statement that it’s cyber bullying and stalking. Such things do ruin our democratic settings we have outgrown that era already.”
The statement further noted that the Nigerian government has a duty to uphold the rule of law and respect the decisions of regional courts such as the ECOWAS Court of Justice.
“It is essential that the government respects the decision of the Court and takes all necessary steps to implement its ruling,” the statement continues. “Failure to do so would not only violate Nigeria’s obligations under international law, but would also signal a disregard for the rights and freedoms of its citizens.”
The joint statement called on civil society organizations, human rights activists, and the general public to support the effort to pressure the government into complying with the ruling.
The statement also drew attention to the significant role that civil society organizations and human rights activists have played in challenging the constitutionality of Section 24 of the Cyber Crime Act.
“We commend the courage of the activists and organizations who have stood firm in their commitment to defending human rights in Nigeria,” the statement reads. “One Love Foundation, SERAP and Barrister Sam Ihensekhien Jnr effort have been instrumental in exposing the injustices perpetuated by Section 24 and securing a favorable judgment from the ECOWAS Court of Justice.”
The joint statement went on to express hope that the government would take the necessary steps to comply with the ruling and restore the fundamental rights and freedoms of Nigerian citizens.
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