*Condemns Misuse Of Cybercrime Act
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The National Human Rights Commission (NHRC) has issued a strong call for the cessation of arbitrary arrests, intimidation, and harassment, particularly targeting journalists, activists, and human rights defenders by law enforcement agencies.
The advisory, which stresses the need for adherence to international human rights standards, was signed by the Executive Secretary of the NHRC, Tony Ojukwu, and released on Friday during the presentation of the Commission’s monthly dashboard report on human rights complaints for March at its office in Abuja.
The advisory, in line with international norms, asserts that law enforcement agencies must refrain from interfering with the fundamental right to freedom of expression unless absolutely necessary for the protection of public safety, order, or national security. It highlights that any such interference must meet the strict criteria of legality, necessity, and proportionality to ensure that actions taken do not unduly restrict the right to freely express opinions.
“Arbitrary arrests, intimidation, or threats made against individuals expressing their views, especially journalists, activists, and human rights defenders, are prohibited,” the advisory reads.
Ojukwu, a Senior Advocate of Nigeria, pointed out that this advisory was issued under Section 5 of the NHRC (Amendment) Act, and aimed to address growing concerns regarding the misuse of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act, 2024. He noted that the act had been increasingly used to justify arbitrary arrests, thereby hindering freedom of expression.
The NHRC emphasized that freedom of expression is crucial for a developed and democratic society. It facilitates the contestation of government policies, demands for accountability, and the free exchange of ideas, all of which are necessary for a vibrant public discourse.
Additionally, the advisory urged the Nigerian police to ensure that prosecutions are based on clear, specific evidence of actual threats to public order, rather than vague or generalized interpretations of the law. It also called for law enforcement to respect citizens’ rights regardless of differing opinions and to guarantee fair hearings for those arrested. The advisory also stressed that arrests under the provisions of the Cybercrime Act should not be indefinite but must comply with constitutional limits.
The NHRC also urged the judiciary to uphold the freedom of expression and ensure that any restrictions placed are in strict accordance with the law.
While encouraging citizens to continue exercising their right to freedom of expression, the NHRC reaffirmed its commitment to protecting this right in all circumstances. It promised to monitor the situation closely and advocate for a legal and institutional environment that supports freedom of expression.
This marks the second such advisory issued by the NHRC in the past eight months, with the first one addressing the management of protests ahead of the #EndBadGovernance protest in July 2024. Despite the advisory, security forces applied excessive force during protests in Abuja and other parts of the country, and citizens in some states violated the advisory by destroying and looting public and private properties.
The NHRC has been vocal in condemning the police crackdown on journalists and protesters, calling for the sanctioning of erring police personnel. The advisory comes amid growing concerns over the increasing trend of arbitrary arrests and harassment by police and security forces targeting individuals exercising their rights to freedom of expression.
Several high-profile cases have highlighted these concerns, including the prosecution of human rights activist and Sahara Reporters publisher, Omoyele Sowore, after his arrest for criticizing the continued tenure of the Inspector-General of Police, Kayode Egbetokun. Similarly, in September 2024, human rights lawyer Funke Adeoye was investigated by the police for defamation and cyberbullying following her post on X about the detention of a 26-year-old photographer.
In October, journalist Chinonso Uba, known as Nonso Nkwa, was arrested in Imo State for allegedly engaging in cyberstalking and disseminating misinformation. Despite the arrest, the police failed to provide specific details about the charges against him.
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