Court nullifies Ebonyi cybercrime law used to prosecute state PDP publicity secretary

A federal high court in Ebonyi has nullified the state’s Cybercrimes Prohibition Law No. 012 of 2021.

Pascal Etu, a resident of Ebonyi who was recently arrested for violating the law, had approached the court challenging the validity of the law which took effect in September 2021.

David Umahi, governor of Ebonyi; the state house of assembly, commissioner for justice, commissioner of police, among others, were listed as defendants in the suit marked FCAI/CS/6/2022.

The legislation was reportedly passed and signed into law under controversial circumstances — no public hearing was said to have been held on it.

The law was said to have come to public knowledge in October 2021, when one Godfrey Chikwere was arrested by the police for allegedly breaking the provisions of the law.

Etu was taken into custody in November 2021.

TheCable had also reported how Chika Nwoba, Ebonyi publicity secretary of the Peoples Democratic Party (PDP), was arraigned at a magistrate court in Abakaliki, the capital of Ebonyi, for allegedly spreading “false information” against Umahi and using his Facebook page to publish materials capable of disturbing the public peace.

At the time, the offence, according to the charges against him, is punishable under section 4 of the Ebonyi Cybercrimes Law.

The PDP spokesperson was later granted bail, but Etu, who is still in custody, filed the case at the federal high court after several adjournments in the state high court where the matter was first instituted.

Ruling on the matter on Tuesday, the court said the Ebonyi state assembly had no jurisdiction to make the law.

According to NAN, Fatun Riman, the presiding judge, declared the law unconstitutional, null, void and of no effect.

Riman said the law contradicts the Cybercrimes Act passed by the national assembly in 2015.

The court barred the state from enforcing the law, adding that the state legislature lacks the authority to pass legislation that contradicts the national assembly’s.

The court also set aside the actions and proceedings taken by the Ebonyi government in enforcing the law.

Addressing journalists after the ruling, Mike Odoh, counsel to Etu, said the court acted in the spirit of justice.

“The implication of the judgment is that the law ab initio never existed. No government institution or its privy can enforce the Cybercrime Law anywhere in the state,” he said.

“The decision of the Ebonyi government or state house of assembly to enact the Cybercrime Law was totally unconstitutional.

“Cybercrime is an item in the exclusive legislative list and only the federal government can enact laws on it.”