Niger Lawyer Lirwana: Cybercrime Charges Seek 5-Year Prison Term

• Nigerien lawyer Abrourahamane Lirwana faces prosecution under a broad cybercrime law for a social media post about the army's divisions.
• Prosecutors sought a five-year prison sentence for Lirwana on charges of "spreading data likely to disturb public order."
• Journalist Moussa Kaka disappeared in Niamey and was later confirmed by the Justice Minister to be detained for an unspecified "offense."
• Niger's military junta has dissolved political parties and unions, suspended civil society groups, and arbitrarily detained critics since 2023.
• These cases highlight a broadening crackdown on free expression and significant risks for legal professionals and journalists in Niger.

The prosecution of Abrourahamane Lirwana, a lawyer, on charges of "spreading data likely to disturb public order" under a broad cybercrime law, exemplifies the severe and arbitrary enforcement of regulations that now pose significant risks to free expression in Niger.

Abrourahamane Lirwana, a prominent lawyer in Niger, is currently facing prosecution following comments he made on social media regarding the country's military. On September 21, authorities summoned Lirwana, after which a prosecutor in Niamey, the capital, formally charged him with "spreading data likely to disturb public order." This charge falls under a broad cybercrime law, and Lirwana was subsequently ordered to be detained. While officials have not provided a clear explanation for the basis of the charge, it appears to stem from a Facebook post Lirwana published on September 12.

In his social media post, Lirwana described the Nigerien army as divided, suggesting that some officers supported former President Mahamadou Issoufou, while others backed former President Mohamed Bazoum. During a court hearing on October 6, prosecutors sought a five-year prison sentence for the lawyer. This case highlights the increasing risks faced by legal professionals in Niger who engage in public commentary, particularly concerning the military junta's actions.

Lirwana's situation is not isolated. Moussa Kaka, a journalist and vocal critic of the military junta, disappeared in Niamey on August 31, leading to fears of a forced disappearance. His family and colleagues received no information regarding his whereabouts until September 25. On that date, Justice Minister Alio Daouda stated during Niger's Universal Periodic Review at the United Nations in Geneva that Kaka had been detained for an alleged "offense" and would "answer before the courts," though no specific charge was disclosed.

The prosecution of Abrourahamane Lirwana and the disappearance of Moussa Kaka are indicative of a broader and intensifying crackdown on free expression within Niger. Since assuming power in 2023, the military junta has systematically entrenched authoritarian rule, significantly curtailing fundamental rights and freedoms across the nation. The use of a broad cybercrime law to prosecute individuals for online commentary, such as Lirwana's case concerning "public order," exemplifies the legal mechanisms employed to stifle dissent.

Beyond these high-profile cases, the junta has engaged in a series of actions to consolidate its control. These measures include the dissolution of all political parties and several independent unions, as well as the suspension of various civil society groups. Furthermore, journalists have been detained under the expansive cybercrime law, and exiled opposition figures have had their nationality stripped, demonstrating a comprehensive effort to eliminate opposition and control public discourse. The arbitrary detention of prominent figures extends to former President Bazoum, his wife, former Interior Minister Hama Amadou Souley, and leading human rights defender Moussa Tiangari, underscoring a pattern of suppressing any perceived challenge to the junta's authority.

The prosecution of Abrourahamane Lirwana, a lawyer, on charges of "spreading data likely to disturb public order" under a broad cybercrime law, exemplifies the severe and arbitrary enforcement of regulations that now pose significant risks to free expression in Niger. The lack of official explanation for the charges against Lirwana, coupled with the requested five-year prison sentence, underscores the arbitrary nature of these legal proceedings and the potential for politically motivated charges. This environment creates substantial Niger legal professional risks, as even legal experts can face detention and prosecution for their public statements.

These developments raise serious concerns about human rights and due process in Niger. The disappearance of journalist Moussa Kaka and the subsequent vague statement from the Justice Minister about an unspecified "offense" highlight the dangers of arbitrary detention and the lack of transparency in the legal system. The ongoing arbitrary detention of other prominent individuals further illustrates a systemic disregard for fundamental freedoms. These actions by the Niger military junta severely undermine the principles of free expression and the ability of citizens, including journalists and legal professionals, to operate safely and without fear of reprisal.

Lawyers and compliance officers advising clients or operating in Niger must be acutely aware of the severe and arbitrary enforcement of cybercrime laws, which pose significant risks to free expression and due process, even for legal professionals. This development necessitates extreme caution regarding public statements and online activities to mitigate the risk of arbitrary detention and politically motivated charges.

Source: Original reporting via Human Rights Watch