…judgement has reaffirmed constitutional right to fair hearing, freedom of expression of every individual – Barr. Odo

A Federal High Court sitting in Abakaliki Tuesday declared the controversial Ebonyi Cybercrimes Law No 12 of 2021 unconstitutional, null and void.

The Court ruling followed a suit by one Pascal Etu who had sued the State Governor, David Umahi over the controversial law.

The Engr. David Umahi-led administration had in September 2021 enacted the controversial law in equally controversial circumstances.

Apart from the House of Assembly members, no Journalist was present when the law was enacted even as there was no proof of the law going through public hearing before being passed into law.

The entire process was quickly and secretly accented to by the state Governor, David Umahi almost immediately.

The public only became aware of the existence of the law when in October, a social critic, Godfrey Chikwere was arrested by the Police for allegedly flouting some sections of the law.

The Police were about to charge him to court, when he suddenly slumped and was rushed to the hospital.

Earlier this year, Mr Etu was arrested for allegedly flouting the law, so also was the Spokesperson of the People’s Democratic Party(PDP) in the State, Chika Nwoba.

Both were remanded in prison by the State Magistrate Court pending the determination of the allegations against them.

Mr Nwoba was later granted bail by the court, following outcry and condemnations that greeted his arrest.

But Etu was not so lucky as he is still in prison custody till date with his matter suffering several adjournments.

While the case against Mr Etu was on at the State High Court, he instituted the matter against the state government and four others at the Federal High Court in Abakaliki challenging the constitutionality of the law.

In the suit FCAI/CS/6/2022, Mr Etu through his Lawyers prayed the court to declare that the Ebonyi State House of Assembly has no powers to make such laws.

He also argued that the law is unconstitutional, null and void as it runs contrary to the Cybercrimes Act passed by the National Assembly.

The respondents in the mater include Governor of Ebonyi state, Ebonyi State House of Assembly and the Attorney General of the Ebonyi state as first, second and third respondents respectively.

Others are Commissioner of Police Ebonyi State and Department of State Security Services as fourth and fifth defendants.

In his ruling, The Presiding Judge, Justice Fatun Riman granted all the prayers of the plaintiff.

The Judge while declaring the Ebonyi Cybercrimes Law 2021 unconstitutional, null and void also issued an order of injunction restraining the Ebonyi State government from continuing to enforce the law.

Justice Riman further held that the Ebonyi State House of Assembly had no constitutional powers to make such laws because the National Assembly had enacted the Cybercrimes Act in 2015 which is applicable in all the states of the federation.

The court also held that by virtue of cybercrimes being an item in the exclusive legislative list only the National Assembly can enact laws on it.

The court also set aside all steps, actions, proceedings howsoever taken by the Ebonyi State Government in furtherance of or in the implementation of the said Ebonyi Cybercrimes Law 2021.

Reacting, Mr Etu’s Lawyer, Mike Odo said that the Court, through the judgement has reaffirmed the constitutional right to fair hearing and freedom of expression of every individual.

He noted that people have the right to say what they want to say and push information to the general public within the ambit of the law.

He expressed confidence that with the judgement the State High Court will free his client at the next adjourned date for the matter.

“This judgment of today is for the masses. People are now free to express them. The law that was declared unconstitutional was draconian.”

https://www.vanguardngr.com/2022/05/just-in-court-declares-ebonyi-cybercrimes-law-illegal-unconstitutional/

I hate Nigerian politicians

J

Everyone you meet always asks if you have a career, are married or own a house; as if life was some kind of grocery list. But nobody ever asks if you are happy.

Good

What does the law contain?

Please someone should summarize

Where una keep all those Afonjas state

WHO GO TELL THEM

Kwanza:
…judgement has reaffirmed constitutional right to fair hearing, freedom of expression of every individual – Barr. Odo



https://www.vanguardngr.com/2022/05/just-in-court-declares-ebonyi-cybercrimes-law-illegal-unconstitutional/

Thanks be to God. Mr Pascal Etu will get justice very soon.


Sometimes, last year, I made a public outcry about Pascal Etu's unlawful arrest and detention here.


I'm really happy Dave was shamed for his draconic rule in Ebonyi state

We need to change constitution when the need arises, first 50 years is enough to test and amend, instead of following every time like zombies. Those that created it 1999 are humans like us. Not wiser than us.


In case you know who needs a website, checkout snotat.com.

Didn't they seek legal advice before drafting the constitution.

Somebody should please break it down for a science student.

Kwanza:
…judgement has reaffirmed constitutional right to fair hearing, freedom of expression of every individual – Barr. Odo



https://www.vanguardngr.com/2022/05/just-in-court-declares-ebonyi-cybercrimes-law-illegal-unconstitutional/

What was the law enacted

Umahi trying hard to be a mini tyrant.

Hmmm....this why there's fear of the establishment of a state police.

Ok

ATEAMS:
Everyone you meet always asks if you have a career, are married or own a house; as if life was some kind of grocery list. But nobody ever asks if you are happy.

Nobody ask you how are u doing? I really doubt that.

LordIsaac:
Hmmm....this why there's fear of the establishment of a state police.

The courts and state assemblies are supposed to counter executive overreach. People keep voting in do nothing beta males in state houses of assemblies then look to Abuja solve their local issues.

Ebonyi again

this one loud o

3YELLOW:
Didn't they seek legal advice before drafting the constitution.

Do rubber stamp assembly men care?

Azonto

This one of the reason some people are not supporting state police, imaging some state governors in charge of state police, and this one self want to bcom president, I can bet it, buhari go becom Saint if some state governors mistakenly become president

fabinfos:
What does the law contain?

You can be arrested for insulting public figure like the governor, online.

Hitler of ebonyi, using generator street light in 21st century to confuse pple, while the populace wallow in poverty, no employment into civil service since 2015, no promotion , payment if gratuity and pension, outrageous tax, all businesses have been frustrated by his high handedness, infrastructure without corresponding knowledge is total waste, he has not attracted any international investors or companies since 2015, he tax over 1milkion for any truck of solid mineral that leaves ebonyi, yet he could not build analysis laboratories , or metal detector machines , which help the minning sector, people travel down to jos and kaduna for analysis yet this states collect tax of less than 200k for a truck and were still able to provide analysis laboratories for the minning sector