A major disagreement has erupted between a human rights lawyer and Nigeria’s Force Public Relations Officer (FPRO), ACP Olumuyiwa Adejobi, over the issue of cyberbullying and whether insulting someone online is a criminal act.
The FPRO recently sparked a controversy with an X (formerly Twitter) post, claiming that insulting someone online was a form of cyberbullying and a criminal offence under Nigerian law.
On Friday, ACP Adejobi posted: “Raining direct curses on someone online is cyberbullying, not expression of freedom or criticism. And cyberbullying, which is even different from defamation, is a criminal offence and punishable. Be guided.”
His statement, intended to clarify the limits of online behaviour, immediately drew widespread criticism and debate from social media users.
One of the vocal critics was human rights lawyer Inibehe Effiong, who wasted no time in challenging the police spokesman’s position. Effiong described Adejobi’s comment as an example of “ignorance of the law” and insisted that insulting someone online is not a criminal act.
“The fact that this very ridiculous opinion is from the spokesperson of the primary law enforcement agency in Nigeria says a lot about the decadence of our institutions,” Effiong wrote in a response to the FPRO’s post.
Effiong’s statement drew attention to the legal intricacies surrounding online behaviour and free speech. The lawyer challenged the FPRO to provide any law that specifically defines insulting someone as a criminal offence.
“To be clear, raining curses on someone is not a criminal offence,” Effiong emphasised. “And I challenge the Force PRO to cite any law that supports his statement.”
Legal Background: What Does the Law Say?
The issue centres around Nigeria’s legal framework on freedom of expression and the extent of online abuse. Effiong, in his criticism of Adejobi’s statement, pointed out that for an action to be considered a crime under Nigerian law, it must be specifically defined as such in written law.
According to Effiong, the Nigerian Constitution, particularly Section 36(12), provides that an act must be clearly stated in law as a crime before it can be prosecuted. In this case, he argued that insults or curses do not fall under such legal definitions.
He further elaborated that curses, even if expressed with malice or anger, hold no legal value because they are based on superstition or supernatural beliefs, not legal grounds.
“Curses do not constitute a threat to the life of the person that is cursed,” Effiong explained. “The law does not concern itself with trifling things or spiritual matters.”
What is Cyberbullying?
Cyberbullying, a term frequently used in discussions about online harassment, refers to the use of digital platforms to intimidate, harass, or hurt others. The legal definition of cyberbullying in Nigeria has been a topic of confusion and debate. While the Nigerian Cybercrimes Act does cover online harassment, the issue of insults or curses remains murky.
In the case of Adejobi’s post, he drew a distinction between defamation and cyberbullying, stating that cyberbullying is a criminal offence, while defamation falls under civil law. However, Effiong pointed out that insulting someone online without threatening harm is not a criminal act and should not be treated as such.
Effiong, whose expertise lies in human rights law, noted that there has been a change in the Nigerian Cybercrimes Act. Specifically, Section 24 of the original Act, which some critics believed was used to target online critics, has been amended and repealed. Effiong argued that the outdated law should not be used as a tool for witch-hunting or silencing dissenting voices.
The Role of the Police in Online Behaviour
The Nigerian police, through their public relations unit, have increasingly taken an active role in addressing online behaviour, particularly regarding the spread of false information, defamation, and hate speech. In recent years, there have been numerous reports of social media users facing police action for comments made online.
While the need to address harmful online behaviour is widely recognised, critics argue that the police must be careful in how they define and approach cyberbullying and online insults. Effiong’s statement highlights the growing concern over police overreach in regulating online expression.
“The police must understand that online expression, even if it involves insults, is not a criminal offence unless it specifically threatens someone’s life or violates a law explicitly stated in the Constitution or criminal code,” Effiong warned.
Despite Effiong’s challenge, the debate over online insults and cyberbullying continues to grow, with the general public divided on whether the police should have a more active role in policing online behaviour.
A Growing Public Debate
The public response to Adejobi’s comments has been mixed. While some agree with the police spokesman’s stance, believing that online insults can have harmful effects and should be curbed, others, like Effiong, argue that such statements are an overreach and an infringement on freedom of expression.
One Twitter user responded to the FPRO’s post, stating: “Raining insults may be rude, but criminalising it opens a dangerous path to curbing free speech online. People should be allowed to express themselves, even if it’s through criticism.”
Another commentator supported Adejobi’s view, saying: “Cyberbullying is a real problem in Nigeria, and the police should take action to protect people from online harassment.”
