Journalist Persecution in Nigeria Persists Despite Cybercrimes Act Changes

The past year has seen a significant increase in the arrest of journalists in Nigeria, with at least ten journalists being detained under what appears to be a targeted clampdown on free speech. This wave of arrests has been facilitated by the controversial Cybercrimes (Prohibition, Prevention, etc) Act of 2015, as reported by Daily Trust. Journalists from various media outlets, including the International Centre of Investigative Reporting (ICIR), the Foundation for Investigative Journalism (FIJ), The Whistler Newspaper, and FirstNews Online, have faced arrests, detentions, and intimidations in recent months.

The Cybercrimes Act, since its enactment in 2015, has seen the prosecution of at least 25 journalists, according to a report by the Committee to Protect Journalists. However, this figure does not account for the six additional journalists arrested and detained since the report’s release in February. The Act's Section 24 initially described cyber-stalking as sending a message via a computer system or network that is grossly offensive, pornographic, or menacing, or that causes annoyance, inconvenience, danger, or needless anxiety to another. Following substantial criticism, paragraphs A and B of this section were amended earlier this year. The new definition narrows cyber-stalking to sending messages that are pornographic or known to be false, with the purpose of causing a breakdown of law and order or posing a threat to life. However, the punishment for this offense—three years of imprisonment—remains unchanged.

Despite these amendments, arrests and harassment of journalists continue. This suggests that security agencies are still leveraging the older, broader definitions to justify their actions. Recent arrests include Kasarachi Aniagolu from The Whistler Newspaper, detained while covering a police raid; Salihu Ayatullahi and Adisa-jaji Azeez from Informant247 News, arrested for alleged criminal conspiracy and cyber-stalking; and Dele Fasan from Galaxy Television, who was brutalized and detained by the Nigerian Army for recording a labor protest.

Further instances include Segun Olatunji, the editor of FirstNews Online, who was detained for 12 days following a report that was allegedly defamatory to a high-profile individual. Dayo Aiyetan and Nurudeen Akewushola from ICIR were detained over cyber-stalking and defamation allegations. Daniel Ojukwu from FIJ was arrested and detained without immediate communication to his family, and Precious Eze, publisher of News Platform, was detained for nearly a week following a complaint from a businessman and politician. Madu Onuorah, publisher of Globalupfront, was also arrested in a raid at his home.

These cases illustrate a troubling pattern where journalists are targeted for their work, often without due process or access to legal representation. Despite these incidents, Minister of Information and National Orientation, Mohammed Idris, claimed during World Press Freedom Day that no journalist had been incarcerated for responsible journalism under the Tinubu administration. This assertion contrasts starkly with reports from organizations like Reporters Without Borders (RSF), which rank Nigeria as one of the most dangerous countries for journalists in West Africa. The RSF’s 2024 World Press Freedom Index placed Nigeria at 112th out of 180 countries, a drop from its previous ranking.

The police have often justified these arrests by citing the Cybercrimes Act, stating they operate within the law. Police spokesperson Muyiwa Adejobi emphasized that journalists do not enjoy immunity and are criminally liable for their actions, denying that the police are using the Act to oppress press freedom. He stated that the police are not preventing journalists from performing their duties and that the application of the Cybercrimes Act is not intended for witch-hunting or subverting press freedom. Adejobi noted that defamation of character is an offense under both the Cybercrimes Act and the Criminal Act of Nigeria. He maintained that if someone publishes false information, the aggrieved party has the right to take legal action.

The ongoing arrests and harassment highlight the broader issue of the Cybercrimes Act being used as a tool against freedom of expression. The Act’s broad definitions and severe penalties make it easily abused by those in power to silence dissent and critical reporting. The president’s assurances of upholding press freedom, made during his Democracy Day speech and meetings with media representatives, seem hollow in light of the ongoing harassment faced by journalists. Promises to respect press freedom and uphold the rule of law have not translated into improved conditions for media practitioners.

Various stakeholders, including rights organizations and media bodies, have called on the government to ensure the rule of law is followed and to stop the arbitrary use of the Cybercrimes Act against journalists. Media Rights Agenda (MRA) has condemned the harassment and called on President Tinubu to safeguard media freedom and prevent the abuse of the law by powerful individuals. The trend of using cybercrime legislation to target journalists is not unique to Nigeria. Similar laws in other countries, such as Jordan, have also been used to suppress press freedom. This global trend underscores the need for vigilance and advocacy to protect journalists’ rights and uphold the principles of free speech.

The situation in Nigeria reflects a troubling misuse of legal frameworks intended to combat cybercrimes but instead used to stifle press freedom and free expression. The arrests and harassment of journalists under the Cybercrimes Act highlight the need for significant reforms and strict adherence to the rule of law to ensure that the media can operate freely and without fear of retribution. Only through such measures can Nigeria hope to improve its standing in global press freedom indices and foster a more open and democratic society.