Court annuls Ebonyi cybercrime law, declares it unconstitutional

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)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

States
Independence: NBA urges Nigerians to expect better future
The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

Abuja
Police arrest loan shark for raping, blackmailing Abuja women
Usman Mohammed nabbed for allegedly raping, cyberbullying, and intimidating women over debts they owed him in Abuja.

NationWide
UNHCR: 64,000 Nigerians flee to Niger amid worsening insecurity under Tinubu
UNHCR says nearly 64,000 Nigerians have fled to the neighbouring Niger Republic since the beginning of 2026.

Economy
Tinubu importing food to force down prices but farmers are complaining: APC Campaign
“Farmers are complaining because food prices are down in the market. Why? Because this government is importing and reducing the price,” Mr Hassan said.

Diaspora
New Jersey governor appoints Nigerian-born Shirley Emehelu as deputy
New Jersey Governor Mikie Sherrill has appointed Shirley Emehelu as lieutenant governor and secretary of state.

Economy
NLNG, NCDMB commit N13 billion to research in six universities
NLNG and NCDMB have committed $9 million (N12.78 billion) to establish professional research chairs in six Nigerian universities.

Education
OOU suspends lectures for two days after student’s death
Olabisi Onabanjo University has suspended academic activities for two days after a 200-level student died in a road crash.





