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

The court ruling followed a suit filed by one Pascal Etu, who had sued Governor Dave Umahi of Ebonyi, state House of Assembly, the Commissioner for Justice and Attorney General, Commissioner of Police and others over the controversial law.

In his ruling, the presiding Judge, Fatun Riman, granted all the plaintiff’s prayers to declare that the Ebonyi House of Assembly had no powers to make such laws.

While declaring the law unconstitutional, the judge also issued an order of injunction restraining the state government from continuing to enforce the law.

Justice Riman 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 was applicable in all 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 could enact laws on it.

The court also set aside all steps, actions, and proceedings taken by the Ebonyi government in furtherance of or in the implementation of the contentious law.

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

The Ebonyi government had in September 2021, enacted the controversial law in equally controversial circumstances.

Apart from the House of Assembly members, journalists were not present when the law was enacted even as there was no proof of the law going through a public hearing before being passed.

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.

Meanwhile, earlier this year, Mr Etu was arrested for allegedly defying the law, so also was the spokesperson of the People’s Democratic Party (PDP) in the state, Chika Nwoba.

The duo were remanded in the Correctional Centre in Abakaliki by the state Magistrate Court pending the determination of the allegations against them.

The court later granted Mr Nwoba bail following outcry and condemnations that greeted his arrest.

(NAN)