A federal high court sitting in Abakiliki has yesterday declared the contentious Ebonyi state Cybercrime Law No 12 of 2021 as unconstitutional, null and void. One Pascal Etu approached the High court suing the Ebonyi state Governor, Dave Umahi over the controversial law he assented to. The Umahi-led administration had last year September 2021 enacted a cybercrime law in a controversial circumstance that attracted a wide condemnation. It was learned that apart from the statehouse of Assembly members, no pressmen were invited to the enacting of the law despite no one knowing about the process that led to the creation of the law, talk less of the public hearing.
The Governor and the Assembly members were accused of secretly enacting and assenting to the law respectively, casting aspersion on the whole process and bringing it under scrutiny.
The general public only become aware of the existence of the law when in October, a social critic, Godfrey Chikwere was arrested by the police for allegedly violating some sections of the unknown law.
Chikwere slumped when he was about to be arraigned in court by the police.
This year also, Mr Etu and the spokesperson of the opposition Peoples Democratic Party (PDP), Mr Chika Nwoba in the state become victims of the law for allegedly flaunting the law
Both parties were detained at the correctional facility by the state Magistrate court pending the determination of the allegation levelled against them by the governor.
Nwoba was later granted bail by the court when the opposition and other well-wishers described the law as draconian.
However, Etu was not lucky as he was still under detention for several months with his case being adjoined any time he appeared in court for the hearing.
Consequently, Mr Etus's counsel headed to the High court to challenge the constitutionality of the law by using the state Government and four others at the Federal High court for interpretation.
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 argues that the law was unconstitutional and therefore prayed it should be declared null and void as it goes in contrary to the cybercrime law passed by the National Assembly with supreme powers.
The defendants in the suit were the 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 were; the Commissioner of Police, Ebonyi State and Department of State Services as fourth and fifth defendants.
In his judgement, the sitting Judge, Justice Fatun Riman granted all the prayers of the plaintiff.
Declaring the law as unconstitutional, null and void, the judge also issues an injunction restraining the Ebonyi state government from further using the law under whatever guise.
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 pointed out that, cybercrime being on the exclusive list, only National Assembly have the powers to enact laws concerning it.’
Reacting, Mr Etu’s Lawyer, Mike Odo applauded the Court saying, that through this judgement the court has reaffirmed there is a constitutional right to a fair hearing and freedom of expression for every individual.
He expressed optimism that with the judgement, the State High Court will free his client at the next adjourned date for the matter.
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