Two renowned legal scholars, Wole Olanipekun (SAN), Visiting Professor of Practice, Federal University Oye Ekiti (FUOYE), and Alaba Omolaiye-Ajileye, Professor of Law at National Open University, have separately advocated a cautious, balanced and constitutionally-guided application of Nigeria’s cybercrime laws, warning against the use of criminal defamation and cyberstalking provisions to suppress legitimate criticism and freedom of expression.

The duo, who were guest lecturer and guest speaker respectively at FUOYE’s Faculty of Law Fifth Annual Public Lecture, held in the University, were also of the opinion that cyber and digital communication technologies, as imperative and useful as they are, remained grave security and human dignity concerns to the world in view their exceptional peculiarity.

The gravest, according to them, is the peculiar difficulty or almost impossibility to police the application and use of the technologies.

The lecture, titled ‘The Jurisprudence of Criminal Defamation and Cyberstalking Under Nigerian Law: Examining the Intersection of Legal Theory, Human Dignity and Digital Responsibility,’ examined the complex legal and ethical questions arising from the increasing use of digital communication platforms.

Omolaiye-Ajileye, a retired judge of the High Court of Kogi State, expressed concerns over the fact that the technologies operate in a lawless and borderless global arena where there is no one or common enforcement agent to police it.

He further noted that their decentralised characteristics make them available for all characters to use and operate, largely for commission of crimes and assault on human dignity.

Olanipekun, a former National President of the Nigerian Bar Association, while corroborating the fear raised by Omolaiye-Ajileye, however warned against attempts to deploy national or territorial laws in protecting individuals against online harassment, cyberbullying, reputational attacks and other forms of digital abuse.

He noted that enforcement of the law must not undermine constitutional freedoms or become an instrument of intimidation, stressing that criminalisation is defensible only when the law is clear, necessary, proportionate and fairly enforced.

Olanipekun observed that technological advancement had intensified longstanding tensions between freedom and order, truth and falsehood, reputation and criticism, as well as power and accountability.

He further noted that the speed, anonymity, virality and permanence of digital communication had increased the potential for online content to cause harm, making responsible digital citizenship an urgent concern for society.

However, he cautioned against legal approaches capable of discouraging legitimate public criticism, exposing corruption or preventing citizens from contributing meaningfully to democratic discourse.

“The future of freedom will depend not upon the absence of law, but upon the presence of wise law,” he stated.

Olanipekun further argued that freedom of expression must be strong enough to challenge authority, expose corruption, promote reform and advance knowledge, while remaining responsible enough to protect human dignity and prevent the deliberate fabrication of falsehoods.

He maintained that the Cybercrimes Act must be applied fairly, regardless of the social standing, profession or position of the individuals involved.

The legal icon called for consistent standards of proof, fair hearing and equal protection under the law, whether the parties involved were victims, journalists, bloggers, public officers, critics or ordinary citizens.

He also underscored the importance of protecting individuals against cyberstalking, cyberbullying and online intimidation, which can threaten personal security, damage reputations and undermine peaceful coexistence.

Referencing the landmark English case of Donoghue v. Stevenson (1932), the senior advocate reflected on the enduring principle of responsibility towards one’s neighbour and its relevance to an increasingly interconnected digital society.

He emphasised that the exercise of individual rights must take account of the rights and welfare of others. He urged lawyers, judges, policymakers, journalists, scholars and citizens to embrace responsible communication and ensure that digital platforms serve as instruments for knowledge, accountability and development rather than cruelty or intimidation.

“The law will not do all of the work of restraint; conscience must do the rest,” he observed.

The Vice-Chancellor of FUOYE, Prof. Joshua Olalekan Ogunwole, represented by Deputy Vice Chancellor for Strategic Partnership, Research, Innovation and Linkages, Prof. Babatunde Afolabi, described the theme of the lecture as intellectually stimulating and socially and globally relevant given the growing challenges associated with digital communication and the enforcement of cybercrimes legislation.

Ogunwole also expressed the appreciation of the university and parents to Olanipekun, who at the end of his lecture, announced a bursary award to all the 28 final year law students of the university present at the lecture whenever they proceeded to the Law School.