Judiciary Must Halt Weaponisation Of Cybercrime Act

By Francis Iwuchukwu

As the Nigerian judiciary concludes its annual ritual of new legal year commemorations across the federation, a leading non-governmental organisation has challenged the courts to move beyond celebratory rhetoric and address what it termed the lingering justice questions that keep justice out of reach for the average citizen.

Zarephath Aid (ZA), a non-profit focused on criminal justice reforms, delivered this message at a media conference held at the Press Centre, High Court of Lagos State, Ikeja.

Speaking at the media briefing themed ‘The New Legal Year and the Lingering Justice Questions,’ Ben Abraham, Founder of Zarephath Aid, noted that while legal year ceremonials are marked by significant “pomp and pageantry” and speeches filled with achievements and projections, many Nigerians remain disconnected.

“They eagerly await the day when they can touch justice or put differently, the day justice can touch them,” Abraham stated, urging heads of the judiciary to take note of concrete steps required to make the significance of the legal year resonate with the populace.

The organisation laid out a five-point agenda for immediate action by the various tiers of the judiciary, stressing that the courts must move from mere words to tangible action in defence of the law and democracy.

Zarephath Aid highlighted the persistent failure of judicial officers to carry out monthly visits to law enforcement detention facilities, a mandate under the Administration of Criminal Justice Act (ACJA) 2015 and various state laws.

This lack of oversight, the group warned, directly results in the illegal detention of persons and widespread abuse of suspects’ rights.

The NGO called for the effective implementation of oversight assessment reports to the Chief Judge and Attorney-General to curb these violations.

The group also expressed concern that the Child Rights Law exists only on paper in many states, devoid of the necessary structures for child protection and justice delivery.

It further lamented the lack of adequate detention facilities for child and underage offenders, which often results in them being held alongside adults and subjected to further abuse.

Of particular note, according to the organisation, is the slow trial of cases involving underage offenders in custody due to the absence of logistics for transportation to court, forcing relatives to pay heavily to ensure court appearances.

Zarephath Aid decried what it termed the progressive increase in police brutality, torture, extortion, and violations against citizens, observing that the police internal mechanism has proven ineffective in curbing the menace.

Abraham warned, “If the courts fail to leash this errancy, another uprising will be upon us sooner than later.”

The NGO also accused the police of shrinking the civic space by clamping down on rights activists, government critics, good governance advocates, and journalists, often “working for the Executive in some instances.”

“Despite various legal aid interventions, correctional facilities remain severely congested, with inmates spending years on end awaiting trial,” it added.

Zarephath Aid called for an audit of all correctional facilities to identify inmates and ascertain the status of each case.

This effort, the group recommended, requires the various tiers of the judiciary to collaborate closely with the Administration of Criminal Justice Monitoring Committee (ACJMC) at the federal level and State Criminal Justice Sector Reform Committees.

Zarephath Aid insisted that the Cybercrimes Act 2024 is being applied to muzzle dissent and intimidate critics of the government into silence, noting that many criminal charges premised on the law are politically instigated.

In its words: “As long as our courts accommodate this undue interference and as long as they do not halt this surge against citizens’ constitutional right to freedom of expression, the Act will remain a tool for harassment of opponents.”

In concluding the conference, Abraham invited the media to join Zarephath Aid in monitoring the judiciary’s performance on this agenda over the next year, reinforcing the message that the judiciary must now go beyond rhetoric to action.

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