Naira Marley vs. Economic and Financial Crimes Commission: The Extent of Freedom of Expression in Nigeria, and the EFCC’s Inefficiencies—A Legal Opinion

12 Pages Posted: 5 Jun 2019

See all articles by Gbenga Odugbemi

Gbenga Odugbemi

University of Edinburgh - School of Law; Babcock University - School of Law and Security Studies

Date Written: May 17, 2019

Abstract

An anti-graft agency—EFCC—arrested an artist—Naira Marley—in Nigeria recently for his public support for internet fraud—a menace which Nigerians (especially internationally) are known for. He postulated reasons why defrauding westerners is justified, with some Nigerians even agreeing with him that the government’s corruption and failings of the youth as regards lack of employment is a contributory factor. Some thus thought his arrest flouts the artist’s freedom of expression, however, the anti-graft agency charged the artist with some cyber-crimes, thereby revoking the thoughts that the artist’s arrest was merely a flout of his right to freedom of expression.

This article provides an opinion from the legal lens on the attitude of the artist and the anti-graft agency. It reasoned that yes, the artist’s right to freedom of expression was violated, that there is a difference between law and morality, and especially dismantling the anti-graft’s ludicrous 11 count charges, and tagging it as “any prosecutor’s nightmare”.

Keywords: Naira Marley, EFCC, Cyber-crime, Cyber-Crimes Protection Act 2015, Freedom of Expression

Suggested Citation

Odugbemi, Gbenga and Odugbemi, Gbenga, Naira Marley vs. Economic and Financial Crimes Commission: The Extent of Freedom of Expression in Nigeria, and the EFCC’s Inefficiencies—A Legal Opinion (May 17, 2019). Available at SSRN: https://ssrn.com/abstract=3389976 or http://dx.doi.org/10.2139/ssrn.3389976

Gbenga Odugbemi (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Babcock University - School of Law and Security Studies ( email )

Ilishan, Ogun State 110011
Nigeria

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