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Muyiwa Adejobi

20.12.2024 Fact-Check FACT-CHECK: ‘Raining Direct Curses Online’ Not Punishable by Law

Published 20th Dec, 2024

By Akinjide Adebowale

On December 13, policemen arrested Abiodun Thomas, a rights activist, and detained her on the orders of Kayode Egbetokun, the Inspector General of Police.

Abiodun was arrested around the Shomolu area of Lagos State.

FIJ tried reaching Ben Hundeyin, the Lagos Police Public Relations Officer, to confirm the reasons for Thomas’ arrest, but he was unreachable.

However, there have been speculations that her arrest might have been connected to her online criticisms of the police and the federal government.

Sources also told FIJ that the police monitored videos in which she insulted while criticising police brutality against her and other Nigerians.

READ ALSO: FPRO Adejobi Makes False Claim About Laws, Police Search

On Friday, Olumuyiwa Adejobi, the Force PRO, posted on X that pronouncing curses on another person on the internet counted as cyberbullying.

“And cyberbullying, which is even different from defamation, is a criminal offence and punishable. Be guided,” Adejobi said, trying to justify Thomas’ arrest and detention.

CLAIM

Cursing someone online is cyberbullying and a punishable offence.

VERIFICATION

FIJ traced Adejobi’s claim to Section 24 (1) of The Cybercrime (Prohibition, Prevention, Etc) Act, 2015:

Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –

(a) is grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent; or

(b) he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causes such a message to be sent: commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.

However, due to how this part of the Act was used to hound journalists, government critics and oppositions, it was later amended as The Cybercrime (Prohibition, Prevention, Etc) Act, 2024.

The specific part of the Act which was amended would have supported Adejobi’s claim.

The amended part of that Act reads:

Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –

(a) Pornographic: or

(b) He knows to be false, for the purpose of causing a breakdown of law and order, posting a threat to life or causing such a message to be sent commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.

In the 2024 amendment, the “grossly offensive” clause was removed.

READ ALSO: FACT CHECK: Has FIJ Failed to Honour Police Invitations, As Claimed By Force Spokesman Adejobi?

FIJ found that even Adejobi has made a statement in 2022 that contravenes his new claim.

“Mere words of mouth do not constitute any offence. Take note, please. Let’s read the law. There are decided cases on this assertion, even many popular cases that one can cite here,” Adejobi posted on X in October 2022.

Despite the new amendment, however, law enforcement outfits continue to misuse this old law to oppress persons who have expressed dissenting opinions against the government.

READ ALSO: FPRO Adejobi Threatens X User With Prosecution Over Comment on IGPs

CONCLUSION

Muyiwa Adejobi’s claim that “raining direct curses online” is an act of cyberbullying and an offence punishable by law is false. The Cybercrime Act sections which pronounced it so have been amended.

VERDICT

Adejobi’s claim that pronouncing curses on someone online is an offence punishable by law is false.

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Published 20th Dec, 2024

By Akinjide Adebowale

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