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Kemi Olunloyo faces 3-year jail term if convicted

Fifty-two year old blogger, Kemi Omololu-Olunloyo, still detained in Port Harcourt (Rivers state), following a post indicting Pastor David Ibiyiomie of adultery, may face three to life imprisonment if tried and convicted.

Arrested on Monday, March 14, from lbadan  (Oyo state), she was ferried to Port Harcourt where she’s detained in prison.
Her bail application is expected to be heard on Thursday, March 23.
She posted about her case here:
 “Dear Media, friends, fans. I was driven by the NPF to Port Harcourt on orders of the IG. Pastor David Ibiyeomie says I criminally defamed him because I posted a letter his church member sent to me alleging corruption and adultery. Both newsmakers refused to answer the allegations but Ibiyeomie called me several times to threaten me with lawsuits, death from above and misfortune. Church spokesman did the same with Danielle Ogbeche of Daily Post too. I have been charged with a cybercrime along with a Rivers state journalist who simply syndicated my story. 500 blogs did. Cybercrime? in the Nigerian constitution and remanded in prison. Next week 23rd I appear in court again for a second bail attempt. I will be in this Port Harcourt prison till then. THE PEN IS MIGHTIER THAN THE SWORD. #Journalism is not a crime. I love you all. Pls trend #FreeKOO #FreeMadamHNN. @ludovicca_iacinno pls tell the world. Tweet it to the Toronto Sun’s @Joe_warmington. Pls every one let Joe know. I’m in high spirits. The NPF recommended NO bail. Police is never your friend in Nigeria. I will always be a proud international investigative journalist. I will not see my phone again for a week. Off to a Nigerian prison. Mass Comm students never give up. I don’t need my powerful connections. I want the law to run its course. GOD BLESS #FREETHESHEEPLE #KEMIOLUNLOYO”
In Cyber Crimes Act of 2015, here are the punishment listed:

Offences against critical national information infrastructure.

PART III -­‐ OFFENCES AND PENALTIES

  1. (1) Any person who with intent, commits any offence punishable under this Act against any critical national information infrastructure, designated pursuant to section 3 of this Act, shall be liable on conviction to imprisonment for a term of not more than 10 years without an option of fine.

(2) Where the offence committed under subsection (1) of this section results in grievous bodily harm to any person, the offender shall be liable on conviction to imprisonment for a term of not more than 15 years without option of fine.

(3) Where the offence committed under subsection (1) of this section results in the death of person(s), the offender shall be liable on conviction to life imprisonment.

Unlawful access to a computer.

  1. (1) Any person, who without authorization, intentionally accesses in whole or in part, a computer system or network for fraudulent purposes and obtain data that are vital to national security, commits an offence and shall be liable on conviction to imprisonment for a term of not more than 5 years or to a fine of not more than N5,000,000.00 or to both fine and imprisonment.

(2) Where the offence provided in subsection (1) of this section is committed with the intent of obtaining computer data, securing access to any program, commercial or industrial secrets or classified information, the punishment shall be imprisonment for a term of not more than 7 years or a fine of not more than N7, 000,000.00 or to both such fine and imprisonment.

(3)  Any person who, with the intent to commit an offence under this section, uses any device to avoid detection or otherwise prevent identification or attribution with the act or omission, commits an offence and shall be liable on conviction to Unlawful access to a computer.  Imprisonment for a term of not more than 7 years or to a fine of not more than N7,000,000.00 or to both such fine and imprisonment.

(4) Any person or organization who knowingly and intentionally trafficks in any password or similar information through which a computer may be accessed without lawful authority, if such trafficking affects  public, private and or individual interest within or outside the federation of Nigeria, commits an offence and shall be liable on conviction to a fine of not more than N7, 000,000.00 or imprisonment for a term of not more than 3 years or both such fine and imprisonment.

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