SSS has Powers to Prosecute Cyberstalking, Judge Rules

The Federal High Court in Yenagoa on Friday dismissed a preliminary objection filed by a defence counsel challenging the prosecution powers of the State Security Service (SSS) to prosecute cyberstalking.

The SSS had, on 18 October 2021, arraigned a teenager before the court on one cyber-stalking.

The defendant, according to the prosecution, allegedly engaged in cyber-stalking by circulating the nude picture of a retired permanent secretary on social media after she tried to blackmail the retiree into paying her N15 million.

Counsel for the teenage girl, Andrew Arthur, had filed a notice of preliminary objection challenging the powers of SSS to investigate and prosecute the charge filed against the defendant.

Delivering a ruling, Isa Dashen said he had carefully reviewed the arguments and judicial authorities cited by the defence and prosecuting lawyers to arrive at his decision.

“I disagree with the defence that DSS lacks the powers to prosecute cybercrimes.

“Under the Cybercrimes Prevention and Prohibition Act 2015, the DSS (acronym of Department of State Service, another name for SSS) is a relevant security agency with the competence to investigate and prosecute cybercrimes.

“The DSS has competently investigated this case, and prosecuting counsel for DSS, Victor Uchendu, has the powers of prosecution, and I dismiss the notice of preliminary objection.

“The case is hereby adjourned until 28 September,” the judge ruled.

NAN reports that the retired permanent secretary, now deceased, who is a witness for the SSS following a petition he submitted to SSS, had in his testimony told the court that the teenager made a nude video of him when they had sex at a hotel in Yenagoa in August 2021.

The retired permanent secretary died in November 2022.