Human rights lawyer and Senior Advocate of Nigeria (SAN) Femi Falana has accused federal and state authorities of systematically weaponising the Cybercrime Act and police powers to harass, detain, and silence journalists, activists, students, and citizens critical of government.

Speaking at the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) plenary in Lagos on Sunday, Falana described the trend as “a dangerous residue of military culture” that has persisted long after Nigeria’s return to democracy in 1999.

Falana singled out the continued misuse of the now-repealed Section 24 of the Cybercrime Act, which was amended in February 2024 to remove vague offences such as causing “annoyance,” “insult,” or “ill-will.” He argued that security agencies are deliberately ignoring both the amendment and binding court judgments.

“Public officers and increasingly their spouses are turning law enforcement into a private army to settle personal scores. This is not governance; it is repression dressed in uniform,” - Falana.

The SAN cited multiple rulings from Nigerian courts and the ECOWAS Community Court of Justice declaring criminal defamation, sedition, and “false news” laws unconstitutional when applied against critics of public officials. He referenced landmark cases including Arthur Nwankwo v State, Tony Momoh v Senate, and SERAP v Nigeria.

Despite these precedents, arrests continue — most recently during the August 2025 #EndBadGovernance protests and against journalists reporting alleged corruption and human rights abuses. Falana drew parallels with colonial-era sedition laws and military decrees such as Decree 4 of 1984, under which journalists Tunde Thompson and Nduka Irabor were jailed, and Decree 2, warning that Nigeria risks sliding back into authoritarianism if impunity persists.

He called for immediate action:

• Federal and state governments must direct police and DSS to stop invoking repealed provisions of the Cybercrime Act.
• All pending charges based on the old Section 24 must be withdrawn.
• Law enforcement officers who flout court rulings should face disciplinary measures.
• The NBA and civil society must sustain strategic litigation to defend digital rights.

Falana concluded: “Press freedom and freedom of expression are not privileges granted by the government — they are constitutional imperatives. Nigeria cannot claim to be a democracy while treating criticism as a crime.”