A 35-year-old man, Paul Gyenger, has been remanded in prison for allegedly calling Governor Hyacinth Alia of Benue state “a chronic womanizer” on his social media platform.
Gyenger who lives in Makurdi was charged with cyberstalking and defamation of character and was arraigned before the Chief Magistrates’ Court in Makurdi on Wednesday.
However, the Chief Magistrate, Kelvin Mbanongun did not take the plea of the suspect for want in jurisdiction but adjourned the matter until December 17, for further mention.
Earlier, the prosecution counsel, Inspector Godwin Ato told the court that the case was reported at the Anti-cyber-crimes and Narcotics Unit, Makurdi by the ADC to the governor, ASP Ver Ingyatu on October 16, 2024.
Ingyatu reported that the suspect posted on a Facebook account bearing Terna Sunday Tyo that, “the Governor is a “chronic womanizer”.
The complainant said that the suspect also used abusive words in Tiv Language to defame the character of the governor in different ways on the same Facebook account. The prosecutor said that the suspect was arrested upon police investigation.
Ato further said the offence contravened the provisions of Sections 24 of the Cyber-crimes Act, 2015 and 393 of the penal code of Benue, 2004.
Cyberstalking involves the use of technology, most often, the Internet to make someone else afraid or concerned about their safety. Generally speaking, this conduct is threatening or otherwise fear-inducing, involves an invasion of a person’s relative right to privacy, and manifests in repeated actions over time. Section 58 of the Cybercrimes Act 2015 defines “cyberstalking” as a course of conduct directed at a specific person that would cause a reasonable person to feel fear.
It also cyberstalking as certain acts perpetuated on the internet that may make a reasonable person feel as though a threat is being posed to his or her safety and well-being.
The foremost legislation on cyberstalking in Nigeria is the Cybercrimes Act 2015. Other legislations that may be applied to a cyberstalking matter are; the Nigerian Criminal Code and the Violence Against Persons Prohibition Act.
Section 24 of the Cybercrimes Act 2015criminalizes cyberstalking as it relates to the following acts: Knowingly or intentionally sending a message that is offensive or obscene or menacing character or causing any such message or matter to be so sent. Such offender shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.
Knowingly or intentionally sending a message that is false for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another or causing such a message to be sent. Such offender shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.
