At the recently concluded NBA Section on Public Interest and Development Law (SPIDEL) Annual Conference held in Uyo, I had the privilege of serving as the Compere for the session titled “Press Freedom and Cyber Security Law in Nigeria: Bridging the Gaps.” It was an exceptional engagement that brought to the fore critical issues at the intersection of digital rights, press freedom, and cyber regulation.
In steering the discussions, I highlighted the concern that Nigeria continues to lag behind in the effective implementation of cyber laws needed to curb the growing menace of cybercrime. While the enactment of the Cybercrime (Prohibition, Prevention, Etc.) Act was widely commended as a necessary step into the digital age, several provisions of the Act appear to be honoured more in breach than in compliance. Incidents of cyberbullying, bigotry, authorised breaches of personal data, and cyber-enabled fraud persist without decisive action from the agencies mandated to curb them.
Regrettably, there is a growing perception that enforcement of the Act is often selective, tilted more towards shielding the political elite from scrutiny rather than addressing genuine cyber threats. It was further noted that some state agencies have shown greater interest in stifling press freedom under the guise of enforcing cyber security regulations. Nonetheless, certain schools of thought maintain that some level of digital regulation is necessary to stem the spread of misinformation, making it essential to strike the right balance between enforcement and fundamental freedoms.
The session was chaired by Chief Emeka Obegolu, SAN, while the lead paper was delivered by Chief Femi Falana, SAN, ably represented by the former NBA 1st Vice President, Mr. John Aikpokpo-Martins. Other distinguished panelists included Dr. Monday Onyekachi Ubani, SAN, Mr. Chinedu Agu of the Owerri Branch of the NBA (who was recently incarcerated in Imo State for factually criticising the government), Bassey Anwanane, Esq., and the 1st Vice President of the NBA, Mr. Sabastine Anyia, Esq.
After a robust exchange of ideas, the session arrived at several key resolutions:
1. Legal Practitioners that work in the Police force who file charges based on non-existent laws should be reported to the Legal Practitioners Disciplinary Committee (LPDC).
2. The judiciary must demonstrate greater courage and purge itself of judicial timidity.
3. The legal community and security agencies should desist from criminalising civil liberties.
4. The judiciary should refrain from pandering to political interests.
5. SPIDEL should investigate and consider petitioning against the Imo State Magistrate and the Federal High Court Judge who ordered the remand of Mr. Chinedu Agu.
The session unanimously emphasised that those who enable a broken system today may eventually become victims of the same system tomorrow.
Overall, it was a rewarding, insightful, and impactful session. I remain deeply grateful to the leadership of SPIDEL for granting me the honour of Compereing such an important and timely discourse.
Dr. Rapulu Nduka
Past National Publicity Secretary,
Nigerian Bar Association