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Fani-Kayode, Odumakin may be charged for breaching Cyber Crime Act, EFCC warns

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The Federal Government may file criminal charges against a former Minister of Aviation , Femi Fani -Kayode ; and activist, Mr . Yinka Odumakin , over separate posts on social media about the purported raid of the home of the embattled Chief Justice of Nigeria , Justice Walter Onnoghen .Fani – Kayode , who has since apologised for the error, had said , “ Why have the EFCC surrounded the home of CJN Onnoghen and why are they seeking to arrest him ? These people want Nigeria to burn ! Buhari call off your dogs before it is too late!”

Odumakin , who is also the spokesman for pan – Yoruba group , Afenifere , had posted a video claiming that the Economic and Financial Crimes Commission had surrounded the home of the CJN .

A senior EFCC official told our correspondent that both Odumakin and Fani – Kayode would be invited and based on the outcome of investigations , they may be charged for breaching the Cyber Crime Act .

The source said the fake news could have caused serious violence , including the destruction of oil pipelines .

He said , “ It is not enough for them to make apologies . They will be invited to explain their intention for spreading such fake news . They must tell us the source of their information .

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“ That news heated up the polity and could have caused crisis . On Sunday a Niger Delta group had threatened to start bombing oil facilities if Onnoghen was harassed .

“ Imagine if that group had started bombing pipelines because of that fake news ? We will not condone this . There must be consequences for such actions and they will face the law . ”

Section 24 ( 1 ) ( b ) of the Cybercrimes ( Prohibition , Prevention ) Act , 2015 states that anyone who knowingly publishes fake news for the purpose of causing breach of peace will be liable to a jail term of three years or a fine of N 7 m or both .

It reads, “ Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that he knows to be false, for the purpose of causing annoyance , inconvenience danger , obstruction , insult , injury , criminal intimidation , enmity , hatred , ill will or needless anxiety to another or causes such a message to be sent : commits an offence under this Act and shall be liable on conviction to a fine of not more than N 7 , 000 , 000 or imprisonment for a term of not more than three years or to both such fine and imprisonment . ”

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