ECOWAS Court Orders FG To Repeal Cybercrime Law

The ECOWAS Court of Justice sitting in Abuja, on Friday, requested the Federal Government of Nigeria to annul or revise the arrangement of its cybercrimes law, which disregards residents' privilege of articulation. 

Conveying the judgment of the three-man board of the court, Justice Januaria Costa requested the Nigerian government to make the law to line up with its commitment under Article 1 of the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights. 

A synopsis of the judgment discharged by the court's media unit on Friday expressed that the decision "held the Nigerian government at risk for the infringement of the privilege to opportunity of articulation" with the institution of Section 24 of the Cybercrime Act, 2015. 

The said Section 24 of the law, condemns sending from PC messages, viewed as among others, "horribly hostile, explicit or of a disgusting, vulgar or threatening character or makes any such message or matter be so sent," or that the individual "knows to be bogus, to cause irritation, burden, peril, impediment, affront, injury, criminal terrorizing, ill will, disdain, malevolence or unnecessary uneasiness to another or makes such a message be sent." 

A common society gathering, Laws and Rights Awareness Initiative, had, through its advice, Mr Chukwudi Ajaegbo, documented the suit stamped application ECW/CCJ/APP/53/18 on November 6, 2018, guaranteeing, among others, that its individuals' opportunity of articulation on the Internet or in the utilization of PC gadgets was constrained/penetrated by Section 24 of the Cybercrime Act instituted by the Nigerian government. 

The offended party additionally guaranteed that nine of its accomplices were captured and kept regarding the requirement of the arrangement of Section 24 of the Cybercrime Act disregarding Articles 9 of the African Charter on Human and Peoples' Rights, 19 of the International Covenant on Civil and Political Rights, and 39 of the Nigeria's Constitution. 

Contradicting the suit, the Nigerian government contended that Section 24 of the Cybercrime (Prohibition and Prevention) Act 2015 was embraced as an administrative measure to offer impact to opportunity of articulation as gave in Article 9(2) of the African Charter on Human and Peoples' Rights, and was as per arrangements of Section 39(3) of the nation's 1999 Constitution. 

In spite of the fact that the court maintained the offended party's supplication looking for the striking down of Section 24 of the cybercrime law, it excused different cases of the offended parties contained in the suit for absence of proof. 

Different appointed authorities on the board, Justices Dupe Atoki (directing) and Keikura Bangura, concurred with Justice Costa, who conveyed the judgment. 

Source:- Punchng