Retired Judge Warns Law Is Lagging Behind Cyberspace

A retired Nigerian judge has warned that cyberspace is becoming increasingly difficult to police, urging stronger cybercrime enforcement while cautioning authorities against criminalising lawful criticism and free expression online.

Retired judge and visiting professor Justice Alaba Omolaye-Ajileye has called for a stronger and more sophisticated legal response to cybercrime, online intimidation, and other forms of misconduct occurring in Nigeria’s rapidly expanding digital environment.

Speaking in a lecture titled “Criminal Defamation in the Digital Age: Legal Challenges and the Regulation of Online Speech in Nigeria,” Omolaye-Ajileye warned that the borderless structure of the internet makes traditional law-enforcement methods increasingly difficult to apply.

The lecture formed part of the Chief Wole Olanipekun, SAN Distinguished Lecture Series at the Federal University Oye-Ekiti.

The retired judge described cyberspace as a potentially “lawless arena,” not because legal rules do not apply online, but because anonymity, cross-border communication, and decentralized digital platforms complicate investigation, evidence gathering, and prosecution.

He identified cyberstalking, online intimidation, electronic fraud, cyberbullying, and defamatory publications among offenses increasingly facilitated by digital platforms.

But the jurist also sounded an equally important warning against overcriminalisation.

He stressed that authorities must distinguish conduct actually prohibited by law from offensive, controversial or critical speech that remains constitutionally protected.

That distinction has become especially important following the amendment of Section 24 of the Cybercrimes Act in 2024, which narrowed categories of electronic communication that may attract criminal liability.

Omolaye-Ajileye also warned users that merely forwarding or republishing material online does not automatically shield them from potential legal consequences.

The applicable liability, he said, depends on the nature of the content, the governing law, and the circumstances surrounding its dissemination.

The retired judge further highlighted the increasing importance of digital forensic expertise.

The same technology that enables harmful online conduct can also create electronic trails that can become important evidence in investigations and court proceedings.

His intervention adds to the growing debate among Nigerian lawyers, courts, and civil-rights advocates over how the country should combat genuine cybercrime without using cybercrime legislation to suppress lawful expression.

According to a source, Omolaye-Ajileye urged lawmakers, law enforcement agencies, judges, and practitioners to ensure that legal regulation keeps pace with technological change without sacrificing fundamental rights.

That balance may become one of the defining legal challenges of Nigeria’s digital era.