Abuja based medical practitioner, Dr. Lazarus Ude Eze and Incorporated Trustees of Patriotic Youth Organization have dragged the president of the Federal Republic Of Nigeria and 4 others to court over the legality of the Ebonyi State Cyber Crimes (Prohibition) Law, 2021.

In the suit filed by the plaintiffs counsel, Nkemakolam Okoro Esq, other Defendants in the suit include; National Security Adviser, Attorney General Of The Federation, Attorney General Of Ebonyi State and House Of Assembly Of Ebonyi State.

The Plaintiffs by this suit are asking the court to declare that the Ebonyi State House of Assembly, has no Legislative competence, and constitutional powers whatsoever, to legislate or make any law, creating Ebonyi State Cyber Crimes (Prohibition) Law, 2021, in Ebonyi State, the South East of the Federal Republic of Nigeria.

In the affidavit deposed by the 1st plaintiff, he stated that the 2nd Plaintiff’s members are daily plagued, by the menace of the dreaded Cybercrimes Law of Ebonyi State, now used as a tool of political intimidation, humiliation and torture and unlawful incarceration, in Ebonyi State.

The plaintiffs among other things, claim the following reliefs per its Originating Summons:

A DECLARATION, that by the combined provisions of sections 4(1,2,3,5,6&7), items 46, 66,and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, Sections 1(a & c), and 2 of the Cybercrimes (Prohibition, Prevention, Etc) Act, the Ebonyi State House of Assembly, has no Legislative competence, and constitutional powers whatsoever, to legislate or make any law, creating Ebonyi State Cyber Crimes (Prohibition) Law, 2021, in Ebonyi State, the South East of the Federal Republic of Nigeria.

A DECLARATION, that by the combined provisions of sections 4(1,2,3,5,6&7) item 46, 66, and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, Sections 1(a & c) and 2 of Cybercrimes (Prohibition and Prevention) Act, any issue pertaining to wireless, computer crimes, and cybercrimes, is within the exclusive legislative competence of the National Assembly of the Federal Republic of Nigeria.

A Declaration that the creation, setting up, establishment or enactment of the Ebonyi State Cyber Crimes (Prohibition) Law 2021, in Ebonyi State, the South East of the Federal Republic of Nigeria, by the House of Assembly of Ebonyi State, is illegal, unconstitutional, invalid, and ultra vires the legislative powers of the Ebonyi State House of Assembly.

A Declaration that it is within the exclusive executive powers of the President of the Federal Republic of Nigeria, pursuant to section 5(a&b), acting either through the Attorney General of the Federation, and or the National Security Adviser, or any other relevant agency of the Federal Republic of Nigeria, to administer the Cybercrimes (Prohibition, Prevention, Etc) Act, to the exclusion of the government of Ebonyi State.

A Declaration that the entire, Cybercrimes (Prohibition) Law 2021, enacted by the Ebonyi State House of Assembly, is inconsistent with the provisions of the Cybercrimes (Prohibition, Prevention, Etc) Act, enacted by the National Assembly of the Federal Republic of Nigeria, and the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and is, therefore, invalid, illegal, unlawful, unconstitutional, void and of no effect whatsoever.

A Declaration that the Cybercrimes (Prohibition, Prevention, Etc) Act, enacted by the National Assembly of the Federal Republic of Nigeria, covers the entire legislative field, as it relates to cybercrimes and other related offences in Nigeria, pursuant to section 2, of the Cybercrimes (Prohibition, Prevention, Etc) Act, and items 6, 46, 66,67 and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended

AN ORDER of this Honourable Court, invalidating, nullifying, quashing and setting aside in its entirety, Ebonyi State Cyber Crimes (Prohibition) Law 2021, enacted by the Ebonyi State House of Assembly, as it is not within the legislative competence of the Ebonyi State House of Assembly, to make any such laws.

AN ORDER of this Honourable Court, nullifying, invalidating, quashing and setting aside wholly, all steps taken, decisions, resolutions, publications of the names of any of the Plaintiffs, or the names of indigenes of Ebonyi State, on the state government’s watch list, and prosecution, conviction, sentencing and incarceration of any of the Plaintiffs, or any of the indigenes of Ebonyi State, pursuant to the Cyber Crimes (Prohibition) Law 2021, enacted into law by the Ebonyi State Government.

AN ORDER of injunction restraining the Government of Ebonyi State, or any agency of the government of Ebonyi State, from arresting, threatening to arrest or detain, arraigning, remanding, prosecuting, and declaring wanted, any of the Plaintiffs or any other indigene of Ebonyi State, on the basis of Cyber Crimes (Prohibition) Law 2021.

An Order of injunction restraining the government of Ebonyi State, either by itself or through the Ebonyi State House of Assembly, from enacting any other law, in contravention of the provisions of the Constitution of the Federal Republic of Nigeria.

For such further or other orders as this Honourable Court may deem fit to make in the circumstances of this matter.

For the determination of the following question(s) namely:

Whether by a calm reading and interpretation of the combined provisions of sections 4(1,2,3,5,6&7 items 46, 66, and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended, sections 1(a & c), and 2, of Cyber Crimes (Prohibition and Prevention) Act, the Ebonyi State Government, can lawfully establish or enact the Cybercrimes (Prohibition) Law, 2021, in Ebonyi State, the South East of the Federal Republic of Nigeria.
The matter is yet to be assigned.