The Human Rights Pathfinders Association (HURPA) has raised concerns over the alleged misuse of Nigeria’s cyberstalking laws to silence critics, journalists, activists and citizens who express legitimate opinions about public officials and government policies.
The organisation said laws enacted to protect citizens from genuine online harassment, threats and malicious abuse must not be turned into instruments for suppressing freedom of expression, political criticism and legitimate civic participation.
HURPA noted that public officials, particularly governors and other politically exposed persons, occupy positions of public trust and must therefore be subject to lawful scrutiny and criticism by citizens, journalists, civil society organisations and other stakeholders.
According to the human rights organisation, disagreement with a governor, commissioner, political office holder or government agency does not automatically amount to cyberstalking, criminal intimidation or online harassment.
HURPA warned against situations where citizens are arrested, detained or prosecuted simply because they published critical comments, questioned government decisions, reported alleged misconduct or demanded accountability from public officials.
The organisation stressed that while threats, targeted harassment, impersonation, incitement to violence and other genuinely harmful online conduct should be addressed in accordance with the law, legitimate criticism and the expression of political opinions must remain protected.
HURPA further called on law-enforcement agencies to exercise professionalism and restraint when handling complaints involving alleged cyberstalking, urging investigators to distinguish between genuine criminal conduct and lawful expression.
The organisation also expressed concern about the possibility of powerful individuals using their political influence to initiate criminal complaints against ordinary citizens who lack the resources to defend themselves.
“Public office must never become a shield against criticism, and the cyberstalking law must never become a weapon against citizens exercising their fundamental rights,” HURPA said.
The association called for greater judicial scrutiny in cyberstalking-related cases and urged courts to carefully examine the circumstances surrounding arrests and prosecutions to ensure that criminal laws are not being used to settle political disagreements or punish dissent.
HURPA also encouraged citizens who believe they have been subjected to unlawful arrest, detention, intimidation or prosecution arising from their lawful online activities to seek legal assistance and document relevant evidence, including messages, publications, court documents and police invitations.
The organisation reaffirmed its commitment to defending fundamental human rights, promoting access to justice and supporting citizens who face violations of their rights.
HURPA maintained that Nigeria’s democracy can only thrive when citizens are free to question those in authority without fear of retaliation, while also acknowledging that freedom of expression carries responsibilities and does not provide immunity for genuine threats, violence or unlawful harassment.
The association therefore called on governments at all levels, security agencies, the judiciary, lawyers, journalists and civil society organisations to work towards ensuring that cybercrime legislation is applied fairly, transparently and consistently.
The Human Rights Pathfinders Association (HURPA) said it would continue to monitor developments concerning the application of cybercrime and cyberstalking laws in Nigeria and advocate for the protection of citizens' fundamental rights and freedoms.
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