By Justice (Professor) Omolaye-Ajileye A
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Retired Judge a d Visiting Professor at the ational Open University, Hon. Justice (Professor) Alaba Omolaye-Ajileye (Rtd), has called for a more effective legal response to cybercrime, online intimidation and other forms of digital misconduct, warning that the borderless nature of cyberspace presents serious challenges to law enforcement and the administration of justice.
Professor Ajileye made this observation in a lecture titled “Criminal Defamation in the Digital Age: Legal Challenges and the Regulation of Online Speech in Nigeria,” delivered as part of the Chkef Wole Olanipekun, SAN, Distinguished Lecture Series at the Federal University Oye-Ekiti (FUOYE).
He described the virtual world as a potentially lawless arena, not because it is devoid of applicable laws, but because its decentralised structure, cross-border operations and capacity for anonymous communication make the detection, investigation and prosecution of offences particularly challenging.
According to him, modern human existence increasingly operates across three interconnected realms: the physical, the spiritual and the virtual. The virtual realm, powered by computers, the internet, smartphones, social media and artificial intelligence, has revolutionised communication and human interaction while creating new opportunities for criminal conduct.
He identified cyberstalking, cyberbullying, online defamation, electronic fraud and criminal intimidation among the offences facilitated by the digital environment.
The retired judge explained that technology has significantly increased the speed, reach and persistence of harmful communications. An allegation published on social media, for instance, may be reproduced across blogs, WhatsApp groups and other platforms, reaching hundreds of thousands of people within hours, even before its truth or falsity can be established.
Professor Ajileye particularly drew attention to the legal implications of forwarding, reposting or republishing unlawful content. He cautioned that individuals cannot automatically escape responsibility simply because they were not the original authors of a message. Liability, he noted, depends on the applicable law and the circumstances surrounding the communication and its dissemination.
Addressing the relationship between traditional criminal intimidation and its digital equivalents, he explained that Nigerian law recognises threats intended to cause alarm or compel a person to act, or refrain from acting, in a particular manner. He referred to the principles considered by the Supreme Court in Chidozie v. Commissioner of Police (2018) LPELR-43602(SC) and discussed the relevance of section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, as amended in 2024, to certain forms of prohibited electronic communication.
He observed that the 2024 amendment narrowed the categories of messages criminalised under section 24(1), making it necessary for law enforcement agencies, legal practitioners and the courts to distinguish carefully between conduct prohibited by statute and lawful online expression.
The professor also highlighted the dual role of technology in criminal activity. While digital platforms can facilitate threats, harassment and the widespread dissemination of damaging allegations, electronic communications and digital footprints can provide valuable evidence for investigating and prosecuting offences. He stressed the importance of digital forensic expertise and the proper handling and evaluation of electronic evidence in judicial proceedings.
He called for stronger cybercrime enforcement, improved digital forensic capabilities, effective international cooperation and greater public awareness of the legal responsibilities associated with online communication.
Professor Ajileye further emphasised that efforts to regulate cyberspace must preserve the constitutional values of freedom of expression and lawful public criticism. He warned against treating every offensive or controversial online statement as a criminal offence, insisting that the legal response must be guided by the relevant statutory provisions and established legal principles.
He urged citizens to exercise restraint before publishing or forwarding unverified allegations, threats or other potentially harmful material, noting that the enormous reach of digital platforms makes responsible communication increasingly important.
In conclusion, Professor Ajileye maintained that cyberspace must not become a sanctuary for criminal conduct. He called on lawmakers, law enforcement agencies, the judiciary, legal practitioners and members of the public to work towards a digital environment that protects individuals from unlawful threats and intimidation without undermining fundamental rights.
“The law must catch up with technology, but it must do so without sacrificing justice or liberty,” he stressed.
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