TRENDING! FG To Repeal Or Amend its Law On Cybercrime – ECOWAS Court Of Justice
The ECOWAS Court docket of Justice has ordered the Federal Republic of Nigeria to repeal or amend its legislation on cybercrime to align with its obligation beneath Article 1 of the African Constitution on Human and Peoples’ Rights and the Worldwide Covenant on Civil and Political Rights.
Delivering judgment on Friday, 10th Jul 2020 in a go well with filed by a Non-Governmental Group (NGO) difficult the legislation, the choose rapporteur for the case, Honorable Justice Januaria T.S. Moreira Costa, held the Nigerian authorities chargeable for the violation of the precise to freedom of expression by the adoption of Part 24 of its 2015 Cybercrime Act.
The Court docket nonetheless dismissed, for lack of proof, different claims for the violation of proper to freedom of expression sought by the plaintiff, The Integrated Trustees of Legal guidelines and Rights Consciousness Initiative.
Within the initiating utility ECW/CCJ/APP/53/18 filed earlier than the Court docket on 6 November 2018, the plaintiff by way of its counsel Mr Chukwudi Ajaegbo, claimed amongst others, that their members’ freedom of expression on the web or in the usage of laptop units was restricted/breached by Part 24 of the Cybercrime Act of the Defendant State.
Nigeria Cybercrime Regulation
The plaintiff additional claimed that 9 of its collaborators had been arrested and detained in reference to the enforcement of the availability of Part 24 of the Cybercrime Act in violation of Articles 9 of the African Constitution on Human and Peoples’ Rights, 19 of the Worldwide Covenant on Civil and Political Rights, and 39 of the Nigeria’s Structure.
The plaintiff argued that Part 24 contained obscure ideas that allowed for arbitrary interpretation and utility, and that the restrictions it imposes weren’t moderately justifiable as they didn’t pursue reliable targets, mandatory nor proportional.
On their half, the defendant submitted that Part 24 of its Cybercrime (Prohibition and Prevention) Act 2015 was adopted as a legislative measure to provide impact to freedom of expression as supplied in Article 9(2) of the African Constitution on Human and Peoples’ Rights, and was in accordance with provisions of Part 39(3) of the nation’s 1999 Structure.
Every social gathering was ordered to bear its personal prices
Additionally on the panel with Justice Costa had been Honourable Justices Dupe Atoki (presiding) and Keikura Bangura.
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