The Federal High Court in Abuja has denied bail to Olamide Thomas, a nurse and activist, who is facing charges of cyberbullying related to her social media posts targeting President Bola Tinubu, his son Seyi Tinubu, and other prominent figures.
Ms. Thomas, who was arraigned on three counts of cyberbullying on Friday, pleaded not guilty to all charges. Following her arraignment, her defence team orally applied for bail, citing her extended detention and deteriorating health. However, Justice Emeka Nwike rejected the oral application and instructed her lawyers to file a formal written bail request. The judge stated that a formal application would allow the prosecution an opportunity to respond.
Ms. Thomas, who has been in detention for over a week, will remain in custody at the Suleja Correctional Centre in Niger State. The court scheduled a further hearing for 30 December 2024, when the formal bail application will be considered, and the trial is set to begin.
The activist was arrested on 13 December 2024 in Somolu, Lagos State, following allegations related to a video she posted on her Facebook page on 20 October 2024. In the video, Ms. Thomas reportedly made threatening and abusive remarks in Yoruba, directed at Seyi Tinubu, the son of President Tinubu, as well as Inspector-General of Police Kayode Egbetokun and Police Force spokesperson Muyiwa Adejobi.
The charges include accusations that Ms. Thomas cursed and wished death upon Seyi Tinubu, predicted misfortune for the Tinubu family, and made similar comments aimed at the children of Mr. Egbetokun and Mr. Adejobi. According to the prosecution, these remarks were made with the intent to bully, harass, and intimidate the individuals involved, placing them in fear of harm.
The charges against Ms. Thomas are punishable under Section 24(2)(a) of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2024, which criminalizes communications that threaten or harass others online.
During her detention, Ms. Thomas reportedly collapsed and was transferred to the Muhammadu Buhari Police Hospital in Abuja for medical treatment. Her lawyers had argued that her health condition warranted her release on bail, but the judge insisted that a formal written bail application be submitted.
The trial is now set to begin on 30 December 2024. The court will hear the formal bail application before proceeding with the case. Ms. Thomas remains in custody at the Suleja Correctional Centre until further proceedings.
This case highlights the ongoing legal scrutiny surrounding online speech in Nigeria, particularly regarding the use of social media to express personal opinions about public figures. As the trial progresses, it will likely continue to generate significant public interest and debate.
In many legal systems, including Nigeria, insulting someone can be considered an offense, particularly when it involves certain forms of communication such as defamation, hate speech, or cyberbullying. While simply insulting someone may not always be classified as a criminal offense, there are circumstances where it can be legally actionable.
In Nigeria, the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 and its amendments, such as the Cybercrimes (Prohibition, Prevention, Etc., Amendment) Act, 2024, specifically address online offenses, including cyberbullying and defamation. These laws make it illegal to use digital platforms to threaten, harass, or bully others, which could include insults. In the case of Olamide Thomas, her remarks against public figures were classified as cyberbullying because they were considered threats and insults made with the intent to cause fear, harassment, or harm.
Relevant Points:
- Cyberbullying: Under Nigerian law, using digital platforms to send harmful or threatening messages can lead to criminal charges. This includes insults that are threatening or meant to intimidate the person being insulted.
- Defamation: Insults can also lead to defamation charges, especially if they harm someone’s reputation. Defamation, whether through speech (slander) or written words (libel), is punishable under Nigerian law.
- Hate Speech: Insulting others based on their identity or public position can also fall under hate speech laws, which can result in legal consequences.
- Freedom of Expression: While Nigeria’s constitution guarantees freedom of speech, this right is not absolute. Speech that incites violence, threatens others, or involves defamatory or insulting content can be restricted by law.
So, while not all insults are automatically considered offenses, certain forms of insulting behavior, particularly those that threaten or harass others can be punished under Nigerian law, especially in the context of online communication.
