BREAKING: Niger State Withdraws Cybercrime Charges Against Student Activist Isah Mokwa Over Posts Criticising Governor Bago

The Niger State Government on Friday formally withdrew all Cybercrimes Act charges earlier filed against student activist Isah Mokwa, following fresh legal advice presented before the High Court by the Director of Public Prosecutions (DPP).

The development comes days after SaharaReporters revealed that Mokwa had been released from detention after public pressure and questions raised over the legality of the cybercrime counts.

According to the open-court proceedings, the DPP confirmed that the state lacked the legal authority to prosecute offences under the Cybercrimes Act.

The prosecution told the court it would now proceed only with allegations listed under the Niger State Penal Code Law 2023, including incitement, unlawful assembly in the electronic space, injurious falsehood and criminal defamation.

Explaining the defence team’s formal application, Mokwa’s legal representative, Ibrahim Usman Wali, said the defence did not oppose the state’s new position but sought additional material required for a fair hearing.

He said, “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 and the trigger for the prosecution.”

He further clarified the court’s ruling on the defence’s application, noting that the judge issued a firm directive to the state.

According to him, the “Court granted our request and directed the state to serve all relevant documents before the next adjourned date to enable us to prepare adequately for our defence.”

SaharaReporters had on Tuesday reported that Mokwa was released after spending days in detention.

It reported that his release came amid criticism from rights groups and concerns that the cybercrime allegations were not supported by lawful prosecutorial powers.

SaharaReporters earlier reported that Mokwa was arrested over online posts criticising Governor Umaru Bago and was subsequently remanded by a magistrate court despite concerns over the validity of the cybercrime charges.

The High Court adjourned the case to January 13, 2025, for hearing. Mokwa is currently out on bail as the defence awaits the documents ordered by the court.