Decree 4 by stealth: Man charged to court for WhatsApp post deemed embarrassing to Minister

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By Francis Ogwo

In what appears to be a throwback to the repressive Decree No. 4 of 1984, a 43-year old man has been charged to court by the police in Abuja for a WhatsApp post considered embarrassing to the Minister of Information and Culture, Lai Mohammed.

Mr. Jolayemi Oba Akewi was dragged before a Federal High Court in Abuja by the Inspector General of Police Mohammed Adamu on the 22nd of May for his social media post, deemed to have defamed the Minister.

In the case number FHC/ABJ/CB/104/2, dated May 22, 2020, and signed by Joseph Offor Esq for the Police, Jolayemi was alleged to have sent an audio message from his android phone to a Whatsapp platform known as ‘Ekan Sons &Daughters’ at Osolo Compound, Ekan Nla in Kwara State which according to the suit, was said to have gone viral immediately it was posted.

The charge alleges that the audio message was aimed at “causing annoyance, insult, hatred and Ill-will” to the current Honourable Minister of Information and Culture, Alhaji Lai Muhammed and thereby, committed an offence contrary to section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) Act of 2015.”

The cybercrime law under use is similar to the obnoxious Decree 4 of 1984 enacted by the Federal Military Government under Buhari, which made it an offence for journalists to publish any story deemed to be embarrassing to government even if true.

The Decree, now abrogated, was read in the trial and jailing of two Guardian journalists; Messrs Tunde Thompson and Nduka Irabor.

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