“Cyber-Security Measures Undermine Democratic Values” — Ubani SAN Tells NBA-SPIDEL Justice Gaps Revealed In Section 39 Rights Vs. Cybercrimes Act

Dr. Monday Ubani SAN, a prominent legal practitioner, delivered a compelling discourse on the delicate interplay between press freedom and cyber-security regulations in Nigeria at the closing of the Annual Conference of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) in Uyo.

Speaking as a panelist in a session titled “Press Freedom and Cyber-Security Law in Nigeria: Bridging the Justice Gaps,” Dr. Ubani highlighted the growing tensions arising from Nigeria’s digital evolution. The conference, which ran from December 1 to 5, 2025, brought together legal experts, policymakers, and stakeholders to deliberate on critical issues shaping the nation’s democratic landscape.

In his address, Dr. Ubani underscored the constitutional safeguards for freedom of expression and the press under Section 39 of the 1999 Constitution, coupled with the media’s duty under Section 22 to monitor government accountability. He contrasted these with the state’s obligations under the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015, as amended in 2024, to shield digital infrastructure from threats such as hacking, identity theft, online fraud, and terrorism financing.

“While these imperatives should coexist harmoniously, in practice, cyber-security measures have at times intersected with press freedom in ways that undermine democratic values, revealing justice gaps that must be urgently addressed,” Dr. Ubani stated, emphasizing the need for a fair balance that protects citizens’ and journalists’ rights to scrutinize public officials without enabling abuses such as defamation, cyberstalking, falsehoods, or cyberbullying.

He asserted that citizens hold a constitutional liberty to demand accountability and expose corruption, but this does not extend to spreading malicious falsehoods, tarnishing reputations unjustly, or weaponizing digital platforms to intimidate, harass, or defame others whether private individuals or public officials.

Dr. Ubani warned of the “chilling effect” on journalism, where vague provisions in the Cybercrimes Act particularly those on “cyberstalking” or content causing “annoyance” or “insult” have led to selective prosecutions against journalists, activists, and whistle-blowers. This has fostered self-censorship, with media practitioners shying away from investigative reporting on powerful interests. “Academic studies affirm this chilling effect: media practitioners increasingly avoid sensitive interviews, deep investigative work, and fact-based but controversial reporting,” he noted.

Drawing on international scrutiny, Dr. Ubani referenced the 2023 ECOWAS Court ruling that deemed parts of the Press Council Act discriminatory against online and citizen journalists, violating free-expression rights. He also criticized the Act’s broad powers to access digital data without robust judicial oversight, which have been misused to track and intimidate critics.

The implications, he argued, are profound: eroded accountability, diminished public trust in institutions, and a hesitant civic space where citizens become reluctant to express opinions or engage in public debate. “The truth is that in a democracy where citizens fear speaking the truth, that country can be said to be at war with itself,” he observed.

To bridge these gaps, Dr. Ubani proposed a roadmap for reforms, including:

1. Thorough Review of the Cybercrimes Act – Redraft or repeal ambiguous provisions to clearly distinguish genuine cyber offenses from lawful public-interest reporting.
2. Strengthened Procedural Safeguards – Mandate judicial warrants for accessing journalists’ or citizens’ digital data, with independent oversight to prevent overreach.
3. Legal Recognition of Digital Journalism – Update media laws to protect online and citizen reporters, aligning with ECOWAS Court directives for equal protection.
4. Capacity Building – Provide training for journalists on cyber law, digital security, and data rights, alongside education for law-enforcement on constitutional protections.
5. Judicial and Institutional Accountability – Empower courts to halt frivolous prosecutions and encourage civil-society monitoring of enforcement practices.

“Press freedom and cyber-security are not mutually exclusive. Nigeria can, and must, protect both,” Dr. Ubani concluded. “A secure digital environment is vital for national stability, but it cannot come at the cost of silencing journalists or stifling democratic discourse. Similarly, citizens must exercise their freedoms responsibly, avoiding defamation, cyberbullying, or malicious falsehoods.”

“The real challenge, and opportunity, lies in ensuring that those who misuse the digital space face the law, while those who expose corruption or defend the public interest are protected, not punished. Bridging this justice gap is essential for strengthening democracy, restoring public trust, and safeguarding the integrity of Nigeria’s governance system.”

The NBA-SPIDEL conference, hosted in the oil-rich Akwa Ibom State capital, served as a vital platform for such dialogues, underscoring the legal fraternity’s commitment to fostering a just and equitable society amid rapid technological advancements.

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