The Niger State Government has formally withdrawn all Cybercrimes Act charges earlier filed against student activist Isah Mokwa, following fresh legal advice presented before the High Court on Friday by the Director of Public Prosecutions (DPP).
The move comes just days after SaharaReporters revealed that Mokwa had been released from detention amid mounting public pressure and growing questions over the legality of the cybercrime counts brought against him.
During open-court proceedings, the DPP confirmed that the state had no legal authority to prosecute offences under the Cybercrimes Act — a federal law reserved for federal authorities. As a result, the government announced it would now proceed only with charges grounded in the Niger State Penal Code Law 2023. These include incitement, unlawful assembly in the electronic space, injurious falsehood and criminal defamation.
Mokwa’s lawyer, Ibrahim Usman Wali, told the court that the defence did not oppose the state’s revised position, but requested materials necessary for a fair and transparent trial.
“We raised no objection to the state’s position but applied to the court to order the prosecution to supply the amended charge, the proof of evidence, particularly the original petition filed by one Muregi Abdullahi, and all communications between him and the Office of the Governor, which formed the basis of the FIR,” he said.
Wali added that the judge granted the request and ordered the state to serve all relevant documents before the next adjourned date, ensuring the defence has adequate time to prepare.
Mokwa had been detained over online posts criticising Governor Umaru Bago, sparking concerns from civil rights groups who argued that the cybercrime allegations lacked legal foundation. SaharaReporters earlier reported that he was remanded by a magistrate court despite questions about the validity of the counts.
The High Court has now adjourned the matter to January 13, 2025, for hearing. Mokwa is currently out on bail while his legal team awaits the documents ordered by the court.