Cybercrime Law Or Gag Order? FG Must End The Weaponization Of Section 24 Against Journalists -By Isaac Asabor

On a day meant to celebrate World Press Freedom, Nigerian journalists, editors, and rights activists gathered not to toast progress, but to lament regression. In a country where democracy supposedly thrives, the Tinubu-led government is presiding over a systematic assault on free speech, with the Cybercrime (Prohibition, Prevention, etc.) Act, particularly its infamous Section 24, as the blunt instrument of state censorship.

Backed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), a firm call has been made: the Tinubu administration must stop using the Cybercrime Act as a sledgehammer to crush peaceful dissent and media freedom. It must immediately release all detained journalists, bloggers, and critics unjustly held under this draconian law.

Let us call a spade what it is. Section 24 of the Cybercrime Act is not about protecting citizens from genuine cyber threats, it is about silencing criticism. It has become a convenient legal noose, used by thin-skinned politicians and security agents to intimidate anyone who dares speak truth to power.

Since its amendment in 2024, the law has been abused with increased ferocity. Activists, journalists, artists, and even ordinary social media users are being arrested, harassed, and charged with “cyberstalking” for sharing content the government finds inconvenient. The definition of cyberstalking under this law is so vague that even retweeting a critical opinion can land one behind bars. Let that sink in.

How can a government that claims to uphold the rule of law ignore a binding judgment by the ECOWAS Court of Justice, which declared Section 24 arbitrary and repressive? The court ordered Nigeria to amend the law in line with international human rights obligations. What did the National Assembly do? They amended the Act in 2024 but kept the same vague and dangerous language, essentially pouring old poison into a new bottle.

The result? According to the Centre for Journalism Innovation and Development (CJID), there were 110 verified press attacks in 2024 alone, a figure that already outpaces all of 2023. Reporters Without Borders now ranks Nigeria 122nd in its 2025 Press Freedom Index, a steep fall that mirrors the growing fear among media professionals.

What makes this even more tragic is that these attacks are often couched in legal legitimacy. Nigeria’s security agencies have found in the Cybercrime Act a handy tool to justify what are, in essence, acts of state-sponsored persecution. That is not just undemocratic, it is authoritarian.

Section 24 specifically criminalizes the sending of messages deemed to be “grossly offensive,” having “menacing character,” or causing “annoyance” or “inconvenience”. These terms are so vague and subjective that they can be twisted to mean just about anything. Who decides what is offensive? Who defines menace or inconvenience? In the hands of a repressive government, such elasticity becomes a weapon.

It is worth noting that the original intention behind the Cybercrime Act was to protect Nigerians from real threats like fraud, identity theft, and cyber terrorism. But today, it is journalists and critics, not scammers, who are being hunted. Rather, authors of opinion pieces and Facebook posts, and not phishers of emails are being prosecuted. The misuse is glaring, and the motive is clear: control the narrative, at all costs.

Even more damning is the silence, or worse, the complicity of some lawmakers. Where is the legislative outrage? Where are the voices in the Senate and House of Representatives demanding accountability? Many of them appear too comfortable with the law as it stands, perhaps because they know they too might need it to silence critics tomorrow.

Let us not forget: Section 39 of the Nigerian Constitution guarantees freedom of expression. So does the African Charter on Human and Peoples’ Rights. Nigeria cannot continue to speak the language of democracy abroad while using instruments of dictatorship at home.

The federal government cannot plead ignorance. It must take responsibility. If our contemporary lawmakers truly believe in press freedom and democratic ideals, then they must publicly direct the Attorney General and the National Assembly to review the Cybercrime Act, especially Section 24. The law must be stripped of its ambiguities and brought in line with both the Nigerian Constitution and international standards.

Moreover, state governors, security agencies, and media regulators like the National Broadcasting Commission (NBC) must be warned to cease their siege on media freedom. There must be consequences for those who continue to weaponize the law to settle political scores.

Journalists are not enemies of the state. In fact, a truly democratic government should see critical journalism as an ally, not an adversary. When journalists are free, societies are better informed, corruption is exposed, and the powerful are held accountable. That is the very essence of democracy.

In other democratic climes, a law like Section 24 would not survive a serious legal test. Courts in countries with mature democracies have consistently struck down laws that criminalize speech based on subjective and vague criteria. Why should Nigeria be different?

Let us also be honest about the chilling effect this law is having on public discourse. Many journalists now self-censor. Bloggers avoid sensitive topics. Citizens think twice before tweeting their opinions. This is not freedom. This is fear. And fear is the death knell of democracy.

Beyond journalists, this is a fight for every Nigerian who values their right to speak, write, or think freely. If Section 24 is not repealed or reformed, no one is safe. Today it is a journalist. Tomorrow it could be a student, a comedian, a clergyman, or you.

As Nigerians, we must rise above political loyalty and tribal affiliations to demand better. The media, civil society, the legal profession, and ordinary citizens must not relent in pushing back against this tyranny. Silence is complicity.

To the international community, donor agencies, and democratic governments watching from afar: now is not the time for diplomatic niceties. Pressure must be mounted. Funds meant to promote democracy and human rights in Nigeria must be tied to measurable action on press freedom.

Let us be clear: journalism is not a crime. Dissent is not treason. Free expression is not cyberstalking.

Until Nigeria recognizes this, democracy will remain a lie we keep telling ourselves, and journalists will continue to bleed for doing their job.