In a recent ruling, a Federal High Court in Yenagoa, Bayelsa State, has dismissed a preliminary objection filed by the defence counsel challenging the prosecution powers of the Department of State Security (DSS) in cybercrime cases. The court affirmed that the DSS has the authority to investigate and prosecute cybercrimes, including the charge of cyberstalking.
The case in question involves a teenage girl who was arraigned by the DSS on October 18, 2021, for allegedly engaging in cyberstalking. The prosecution alleges that the defendant circulated a nude picture of a retired Permanent Secretary on social media after attempting to extort N15 million from him.
Mr Andrew Arthur, the counsel representing the teenage girl, had filed a Notice of Objection challenging the DSS’s right to investigate and prosecute the charges against his client. However, Justice Isa Dashen, in his ruling, reiterated the legal authority of the DSS in prosecuting cybercrimes.
Justice Dashen stated, “Under the Cybercrimes Prevention and Prohibition Act 2015, the DSS is a relevant security agency and possesses the competence to investigate and prosecute cybercrimes. The DSS has competently handled this case, and the prosecuting counsel for the DSS, Victor Uchendu, has the power of prosecution. Therefore, I dismiss the Notice of Preliminary Objection.”
The court has adjourned the case until September 28 for further proceedings.
A key witness in the trial, a retired permanent secretary who has since passed away, had previously submitted a petition to the DSS. In his testimony, he revealed that the teenage girl had recorded a nude video of him without his consent when they were at a hotel in Yenagoa in August 2021.
The ruling sets an important precedent for future cybercrime cases, establishing the DSS’s legal authority to prosecute individuals engaging in cyberstalking and other cybercrimes. This decision aligns with the provisions of the Cybercrimes Prevention and Prohibition Act 2015, further emphasizing the government’s commitment to curbing online criminal activities.
