State Assembly Lacks Power To Enact Cyber Crimes (Prohibition) Law, Medical Doctor, Group Sue AGF, NSA, Ebonyi AG, Others

An Ebonyi based Medical Doctor, Lazarus Ude Eze and the Incorporated Trustee of Patriotic Youth Organization, have approached the Federal High Court, Abuja, challenging the legality of Ebonyi State House of Assembly, to legislate or make any law, creating the State’s Cyber Crimes (Prohibition) Law, 2021.

In this suit, the Plaintiffs are “seeking an order and perpetual injunction restraining the Ebonyi State government, its agencies from arresting, threatening to arrest or detain, arraigning, remanding, prosecuting, and declaring wanted, any of the Plaintiffs or any other indigene of Ebonyi State, on the basis of Cyber Crimes (Prohibition) Law 2021.

The Plaintiffs through their Solicitor, Nkemakolam Okoro Esq, are also seeking an injunction restraining the State House of Assembly, from enacting any other law, in contravention of the provisions of the Constitution of the FRN.

“By the combined provisions of sections 4(1,2,3,5,6&7), items 46, 66,and 68 of the Second Schedule Part 1, of the Constitution of the FRN Nigeria 1999, as amended, Sections 1(a & c), and 2 of the Cybercrimes (Prohibition, Prevention, Etc) Act, the Ebonyi State House of Assembly, has no Legislative competence, and constitutional powers whatsoever, to legislate or make any law, creating Ebonyi State Cyber Crimes (Prohibition) Law, 2021.

The Plaintiffs are sesking the reliefs that the creation, setting up, establishment or enactment of the Ebonyi State Cyber Crimes (Prohibition) Law 2021, by the House of Assembly is illegal, unconstitutional, invalid, and ultra vires and that such power fall only within the exclusive executive powers of the President of the Federal Republic.

“A Declaration that the entire, Cybercrimes (Prohibition) Law 2021, enacted by the Ebonyi State House of Assembly, is inconsistent with the provisions of the Cybercrimes (Prohibition, Prevention, Etc) Act, enacted by the National Assembly of the Federal Republic of Nigeria, and the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and is, therefore, invalid, illegal, unlawful, unconstitutional, void and of no effect whatsoever.

“A Declaration that the Cybercrimes (Prohibition, Prevention, Etc) Act, enacted by the National Assembly of the Federal Republic of Nigeria, covers the entire legislative field, as it relates to cybercrimes and other related offences in Nigeria, pursuant to section 2, of the Cybercrimes (Prohibition, Prevention, Etc) Act, and items 6, 46, 66,67 and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended

The Plaintiffs in the SUIT NO: FHC/ABJ/CS/112/2022, are also seeking “an order nullifying invalidating, quashing and setting aside wholly, all steps taken, decisions, resolutions, publications of the names of any of the Plaintiffs, or the names of indigenes of Ebonyi State, on the state government’s watch list, and prosecution, conviction, sentencing and incarceration of any of the Plaintiffs, or any of the indigenes of Ebonyi State, pursuant to the Cyber Crimes (Prohibition) Law 2021, enacted into law by the Ebonyi State Government.

The Defendants in the suit are; president of the Federal Republic Of Nigeria, National Security Adviser, Attorney General Of The Federation, Attorney General Of Ebonyi State, House Of Assembly Of Ebonyi State.