A Nigerian lawyer, Inihehe Effiong, has criticised Muyiwa Adejobi, the spokesperson for the Nigerian Police Force (NPF), over his remarks on what constitutes cyberbullying in law.
Earlier, Mr Adejobi posted Friday on his X wall, saying that raining cuss words on someone on the internet amounts to cyberbullying, which is a criminal offence under the country’s law.
He made the comment against the background of the arrest and trial of Olamide Thomas, the nurse and activist, who was detained over her social media remarks against President Bola Tinubu, his son, Seyi Tinubu, and others.
The police arrested Ms Thomas in Somolu, Lagos State, on Friday, 13 December, over allegations of cursing and wishing death upon Seyi Tinubu, the son of President Tinubu, as well as the children of the Inspector-General of Police, Kayode Egbetokun, and Police Force spokesperson, Muyiwa Adejobi.
She live-streamed the video on her Facebook page on 20 October, shortly after she was reportedly brutalised by police officers during the #EndSARS memorial procession at the Lekki Tollgate.
On the day after her arrest, the police flew her to Abuja for further interrogation by the National Cyber-Crime Centre (NCCC) of the Nigerian police and subsequent prosecution.
Mr Adejobi said Friday that anyone who does such cannot hide under the protection of freedom of expression as stipulated in the Nigerian constitution.
“Raining direct curses on someone online is cyberbullying, not expression of freedom or criticism. And cyberbullying, which is even different from defamation, is a criminal offence and punishable. Be guided,” parts of his tweet stated.
Meanwhile, Mr Effiong, a lawyer and human rights activist, described Mr Adejobi’s remarks about cyberbullying as ridiculous and shameful.
Reacting to the police spokesperson, the lawyer said that raining curses on someone online is not criminalised under any Nigerian law.
“By virtue of Section 36 (12) of the Nigerian Constitution, for an act or omission to be termed a crime, it must be expressly and specifically defined as such under a written law.
“This Force PRO has a history of inventing imagery offences from his head. Also, curses do not constitute a threat to the life of the person that is cursed,” Mr Effiong said.
He said that curses do not have effect or value in the eyes of the law for the simple reason that they are premised on superstition, or at best the supernatural forces.
“For example, telling someone ‘it shall not be well with you’ is a prayer; prayer can be positive or negative. Wishing someone evil is also not a matter for legal redress. The law does not concern itself with trifling things or spiritual matters,” he noted.
Mr Effiong said what was more appalling was the police spokesperson’s reliance on the repealed provisions of the notorious section 24 of the Cybercrimes Act.
The police had relied on the provision to clamp down on human rights activists, journalists and other well-meaning Nigerians.
The police arraigned Ms Thomas on Friday on three counts of cyberbullying at the Federal High Court in Abuja.
The judge denied her bail, directing her lawyers to file a written, formal application.
