GTBank Cyber Stalking Case: Police Face Heat Over Procedural Lapse

GTBank Cyber Stalking Case: Police Face Heat Over Procedural Lapse

The Police Special Fraud Unit (PSFU) of the Lagos Police Command is facing heat for arresting four online journalists without formal invitation on a petition from Guaranty Trust Bank, alleging cyber stalking and attempted extortion. 

It would be recalled that the PSFU Lagos arrested four online journalists and arraigned them on a two-count charge before Justice Ayokunle Faji of the Federal High Court, Ikoyi, Lagos.

At the hearing of bail application on Friday, 4th of October , 2024, the prosecuting counsel, Barr. Enang told the court that the police, though concluded it's  investigation before the charge but agreed not to have invited them officially before the arrest and arraigning the suspects in court.

Earlier during the court proceedings, the defendants counsel, Barr Kunle Afolabi, argued that the police arrested the suspects without formal  invitation, even as he told the court that the suspects should not be denied bail in respect of section 158 and 165 of Administration of Criminal Justice Act.

Citing Section 24 of the Cyber Crime Prevention Act, 2024 as  amended, Barrister Afolabi maintained that there was no punishment for the allegations leveled against the suspects in the amended Act.

He, therefore, urged the court to grant the suspects bail pending the commencement of the trial.

He said, "My Lord, the prosecutor has not concluded investigation before rushing to court, then this court should not deny my clients bail. We emphasize that in respect of section 158, 165 of Administration of Criminal Justice Act which is sacrosanct and says they are entitled to bail.

"The charge is based on amendment because it has no penalty as stated in section 24 of the 2024 amended cyber Crime Prosecution Prevention Act.

"The law clearly states in section 24 (1a and b), as substituted by this law, the order amendment provides what the punishment are but this one clearly substitute that, but if the court will go back to the old law, I leave that to you. I urged your lordship to exercise discretion to grant the bail application."

In his counter argument, the prosecuting counsel opposed the bail application, citing Section 27 of the 2015 Cyber Crime Prevention Act.

He argued that, the amended 2024 Cyber Crime Act does not abrogate the 2015 law, saying the suspects committed an offence under section 27 of 2015 Cyber Crime Act.

The judge, Justice Ayokunle Faji, therefore, adjourned  the ruling on bail application until October 14 to review the amended 2024 Cyber Crime Act and determine whether it supersedes the 2015 Act. 

This case raises concerns about the police's handling of cybercrime cases and the need for thorough investigations before making arrests.