Nigeria’s cybercrime legal regime came under renewed scrutiny on Thursday as former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun (SAN), called for a judicial review of the controversial Section 24 of the Cybercrimes Act.
The Director-General of the Department of State Services (DSS), Oluwatosin Adeola Ajayi, and Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, pressed for tougher enforcement of the law to combat cybercrime, financial crimes and threats to national security.
The three senior legal and security officials spoke at the public presentation of Electronic Evidence, Second Edition (With Evidence Act, 2011) and A Compendium of Cases on Electronic Evidence (Volume II, 2020–2025) authored by retired High Court judge, Hon. Justice (Prof.) Alaba Omolaye-Ajileye, where they offered differing but complementary perspectives on the future of cybercrime legislation, electronic evidence and criminal justice administration in Nigeria.
Olanipekun urged judges, academics and legal practitioners to critically examine the Cybercrimes Act rather than treat it as beyond interrogation, arguing that legislation touching on citizens’ rights must continually be tested against constitutional principles.
“We are dealing with the Cybercrime Act. We must not leave this place without challenging, without interrogating ourselves about that area of our law,” the senior advocate said.
Drawing particular attention to Section 24 of the Act, which has generated considerable legal controversy over its application to online speech, Olanipekun challenged the Bench and the legal academy to undertake a comprehensive review of the provision.
“I must draw attention now to the Cybercrime Act, Section 24. It’s a vital area of our law,” he stated.
Addressing the author of the books, he added: “We are giving you that assignment.”
According to Olanipekun, the law must strike a careful balance between protecting Nigerians from cyber-enabled offences and safeguarding constitutionally guaranteed freedoms, especially freedom of expression.
While Olanipekun advocated a re-examination of the law, the DSS Director-General made a strong case for stricter enforcement, revealing that the Service is deliberately prosecuting carefully selected cybercrime cases capable of serving as deterrents.
“We are prosecuting a number of suspects who committed offences under that Act,” Ajayi disclosed.
He explained that investigators had deliberately chosen a number of high-impact cases to reinforce public confidence in the enforcement of cybercrime laws.
“We have picked one, or two, or three, four, five, six that will give impact,” he said.
Ajayi also disclosed that one of the ongoing prosecutions involves a presidential candidate accused of making online statements against the President but declined to identify the individual because the matter is pending before the court.
“There is one of them who is a presidential candidate and disparaged a sitting President. We chose that one. I can’t talk about him because he is in court,” he said.
The DSS chief warned that cybercrime extends far beyond internet fraud, arguing that unchecked online incitement and irresponsible digital conduct can fuel violence and threaten national security.
“What I know is that if you allow these crimes to go on, you are going to wait for a bigger act,” he warned.
He added: “If a man wakes up and says, ‘You are this, you are that,’ and nobody punishes it, somebody will proceed to carry a weapon and kill one of them.”
Ajayi called for greater collaboration between investigators, prosecutors and the judiciary, saying effective convictions under the Cybercrimes Act would discourage future offenders.
“What we are pleading for here is support to make sure the rules are enforced and offenders receive the punishment they deserve.”
“If you convict one, that has impact. Others will be deterred,” he added.
In his remarks, EFCC Chairman Ola Olukoyede linked cybercrime and financial crimes directly to Nigeria’s worsening insecurity and economic challenges, arguing that illicit financial activities now provide the oxygen sustaining terrorism, kidnapping and organised crime.
“There is no doubt that one of the major problems we have in this country is financial crimes,” Olukoyede said.
“Talk of insecurity, talk of lack of economic development, talk of poverty—I think the time has come for us to join hands.”
He lamented that many Nigerians only appreciate the devastating consequences of cyber-enabled financial crimes after becoming victims themselves, recounting the case of a judge who allegedly lost about N7.2 million saved over six years through an online scam.
Beyond cyber fraud, Olukoyede revealed that the anti-graft agency had recently prosecuted scores of suspects accused of facilitating terrorism financing.
“Recently, we had to prosecute close to about 70 people who were involved in helping terrorists and bandits to launder ransom,” he disclosed.
“This is the foundation of the problems.”
The EFCC chairman also announced that the Commission has begun deploying artificial intelligence (AI) in criminal investigations but warned that Nigeria’s legal framework has yet to adequately address AI-generated evidence.
“We have already started deploying the use of AI for investigation,” he said.
“What I’m cracking my brain about is how do I generate evidence and make it admissible.”
He urged lawmakers and legal scholars to begin work on legislation governing artificial intelligence in criminal investigations and court proceedings.
“I wish our legislators and our professors of law take time to put a committee together to look at that and come up with laws that will work for us in the area of AI.”
Also speaking, the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba, who represented the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), described electronic evidence as indispensable to the administration of justice in an increasingly digital world.
“The importance of electronic and digital evidence in our legal architecture cannot be overstated,” she said.
“In today’s age, where transactions, communications and disputes are increasingly conducted electronically, the ability of our courts to admit and interpret electronic evidence is indispensable to the administration of justice.”
She commended Justice Ajileye for his scholarly contributions, saying his publications would enrich Nigeria’s jurisprudence on electronic evidence and strengthen the justice sector’s response to cybercrime and other technology-driven offences.
The convergence of views from the Bar, security agencies, anti-corruption authorities and the Federal Ministry of Justice underscored the growing consensus that while Nigeria’s cybercrime laws require continuous constitutional scrutiny, effective enforcement, stronger electronic evidence rules and a legal framework for artificial intelligence will be critical to addressing emerging threats in the digital age.
