The President of the Nigerian Bar Association, Afam Osigwe, SAN, has expressed alarm over what he considers the growing abuse of the Cybercrimes Act to silence dissent, saying the law is being applied in ways that undermine freedom of expression rather than protect against digital offences.
Speaking on ARISE Television’s Prime Time programme on Wednesday, the 11th of February, 2026, Osigwe faulted the increasing use of the legislation against journalists, activists, critics and everyday Nigerians who express contrary opinions either online or offline. He argued that authorities are invoking cybercrime and criminal defamation charges in circumstances where such allegations would ordinarily attract bail.
He further alleged that the courts are playing a troubling role in the pattern.
“Free speech is being muzzled in Nigeria under the guise of charging people to court and investigating them for cyber crime and criminal defamation.
“Even when the matters are ordinarily bailable, judges and magistrates are increasingly appearing to be tools in the hands of politicians and ‘big men’ and refuse bail even where there is no basis for not granting bail,” he said.
According to the NBA president, this trend risks turning the judiciary into “an oppressive tool.”
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“This is a violation of the right to freedom of expression and an abuse of the democratic space.
“Because these public office holders should be held to a higher standard of accountability, and if they deprive people of the ability to criticise and hold them to account, then democracy dies.
“If our judges become willing tools in giving them that which they desire, which is to put those people out of circulation, then there’s something wrong and the judiciary becomes a willing tool in the hands of the oppressors and thereby becomes an oppressor itself,” he said.
Osigwe’s comments come as conversations continue over the Cybercrimes (Prohibition, Prevention, etc.) Act. First introduced in 2015 and revised in 2024, the legislation was designed to tackle offences such as online fraud and cyberterrorism.
Despite its objectives, critics maintain that sections dealing with “cyberstalking” are broadly framed and are often deployed against journalists, activists and citizens who publish critical opinions or expose alleged wrongdoing.