Delivering the judgment of the three-man panel of the court, Justice Januaria Costa ordered the Nigerian government to make the law to align with its obligation under Article 1 of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
The said section 24 of the law, criminalises sending from computer messages considered to be among others, “grossly offensive, pornographic or of an indecent, obscene or menacing character or causes any such message or matter to be so sent”, or that the person “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”.
The plaintiff further claimed that nine of its partners were arrested and detained in connection with the enforcement of the provision of Section 24 of the Cybercrime Act in violation of Articles 9 of the African Charter on Human and Peoples’ Rights, 19 of the International Covenant on Civil and Political Rights, and 39 of Nigeria’s Constitution.
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