Hon. Justice Alaba Omolaye-Ajileye, retired High Court judge and Visiting Professor for National Open University, don yarn law students of Federal University Oye-Ekiti say criminal intimidation don enter virtual world. He deliver paper at Chief Wole Olanipekun SAN OFR CFR Lecture Series on Thursday, 8th September 2026 for Ekiti State.
Di judge talk say modern life dey happen for three realms: physical, spiritual, and virtual. Di virtual realm, wey dem dey call cyberspace, come from computer and internet, smartphones, social media, artificial intelligence and other information technologies. E allow person for Nigeria to communicate instantly with person thousands of kilometres away. But e no mean say wetin happen inside cyberspace no get real consequence. Fraud fit cause financial loss, private information fit leak to millions.
He explain say one major feature of virtual world na say e be lawless arena. Law enforcement agents no fit effectively police cyberspace. E no get border. E dey highly decentralized, and criminals fit operate across jurisdictions with reckless abandon. Anonymous or pseudonymous identities dey possible, and that one make detection, investigation and prosecution of online criminal conduct hard pass physical world. Threatening communication fit start for one jurisdiction, pass through platforms or servers for another, and affect victim elsewhere.
Under Penal Code of Federal Capital Territory, criminal intimidation mean threatening another person with injury to him person, reputation or property, with intention to cause alarm or compel the person to do wetin law no say he must do, or stop am from doing wetin he get legal right to do. Section 96 of FCT Penal Code. For Chidozie v. C. O. P (2018) LPELR-43602(SC), Supreme Court identify essential elements as threat, threatened injury, and intention to cause alarm or compel or restrain conduct.
Di judge talk say criminal intimidation go become aggravated under section 397(b) when e include threat to cause death or grievous hurt, destroy property by fire, cause offence punishable with death or imprisonment wey extend to seven years, or impute unchastity to woman. A threat to kill person or burn him house attract more severe punishment, if dem establish elements of criminal intimidation. Penalty na seven years imprisonment or fine or both.
For Nigerian law, he say di closest cybercrime equivalent of criminal intimidation na generally cyberstalking involving threats or harassment under section 24(2) of Cybercrimes (Prohibition, Prevention, etc.) Act 2015, as amended for 2024. Originally, section 24(1)(a) criminalise knowingly or intentionally sending electronic messages wey be grossly offensive, pornographic, indecent, obscene or menacing. Paragraph (b) cover knowingly false messages sent for purposes including annoyance, inconvenience, insult, criminal intimidation, hatred and needless anxiety. Di 2024 amendment narrow section 24(1), but section 24(2) remain unchanged.
He warn say di phrase causes such messages to be sent extend di provision beyond person wey originally compose message. E fit cover person wey deliberately forward, republish or arrange for another person to transmit prohibited message. He give example say A write defamatory post, B repost, C screenshot upload to Instagram, D make TikTok video repeating allegation, E send to WhatsApp group with 200 members. Who publish di defamatory allegation? He talk say digital age challenge assumption say only one publisher dey. Republication itself fit amount to publication under Section 24 of Cybercrimes Act 2015 as amended.
Di lecture also mention how technology facilitate crime. For kidnapping, once victim fall into hands of kidnappers, dem often seize victim communication device, particularly mobile phone. Di device become instrument for kidnappers to contact family or associates and negotiate ransom. Same way, technology facilitate criminal intimidation by making creation, transmission and dissemination of threatening communication faster, easier, and capable of reaching wider audience. Imagine student post for X say lecturer collect money before allowing students pass examination. Within twenty-four hours, post fit don viewed 500,000 times, blogs reproduce am, TikTok creators discuss am, screenshots circulate for WhatsApp. In end, allegation fit be false.
He say through mobile phones, instant messaging applications, social media platforms, electronic mail and other digital communication channels, WhatsApp, Facebook, X, Instagram, email, SMS or another computer system or network, person fit communicate threats, false statements, exert pressure, or engage in conduct calculated to cause fear or compel another person to act or refrain from acting. Wetin change no be basic nature of defamation, but medium, speed and audience of publication.
Di judge talk say digital environment change character and impact of intimidation. Threat wey once communicate privately and within limited geographical space fit now transmit almost instantaneously across jurisdictions and reproduced repeatedly through forwarding, reposting, screenshots and other electronic dissemination. Offenders fit exploit anonymous accounts, pseudonyms, encrypted communication platforms, or remotely operated devices to conceal identity or distance themselves from threatening communication.
He also note say technology occupy dual position for law of criminal intimidation: e fit be instrument through which offence commit, while also generating electronic evidence wey fit help investigators and courts identify origin, content, timing and transmission of alleged threat. Di penalty for section 24 offence remain fine up to ₦7 million, imprisonment up to three years, or both.
