Nigeria Police files cyberbullying appeal case against Bolanle Aseyan, challenging Federal High Court judgment and seeking retrial over offensive social media posts.
The Nigeria Police has officially filed a cyberbullying appeal case challenging the Federal High Court, Lagos Division, judgment that discharged and acquitted Bolanle Aseyan.
The case, which attracted national attention in 2020, involves allegations of offensive publications, criminal intimidation, and cyberstalking directed at Dr. Olufunmilayo Ogunsanya.
The appeal, dated October 2025, was filed through the Office of the Inspector General of Police, represented by legal officer Emmanuel Eze, Esq., requesting that the August 8, 2025 judgment be set aside and a retrial ordered.
Aseyan was initially arraigned on four counts under sections 24(1)(a), 24(1)(b), 24(2)(c)(i), and 24(2)(c)(ii) of the Cybercrime (Prohibition, Prevention, Etc.) Act, 2015.
She was accused of posting defamatory content between June 29 and August 14, 2020, via Twitter (now X), allegedly intending to damage Dr. Ogunsanya’s reputation.
The prosecution argued that the publications caused annoyance, intimidation, and reputational harm, violating the Cybercrime Act.
In his ruling, Justice Peter Lifu found that while the prosecution had established the actus reus—or the criminal act—it failed to prove mens rea, or criminal intent. Consequently, Aseyan was discharged and acquitted.
However, in the cyberbullying appeal case, the Nigeria Police contends that the trial court erred in law by acquitting the respondent despite admitting that the offensive posts were made.
The prosecution argues that Justice Lifu contradicted himself by acknowledging the actus reus while simultaneously dismissing the case for lack of intent.
The notice of appeal further claims that the trial court failed to properly evaluate key evidence, including posts allegedly originating from Aseyan’s verified Twitter account, as well as other publications made in the UK and Nigeria during the relevant period.
The prosecution also criticized the court for characterizing the incident as an “altercation between estranged lovers” rather than treating it as a criminal matter.
Additionally, the appeal challenges the trial court’s reliance on testimonies from witnesses the prosecution deemed “incompetent,” noting that their accounts were largely hearsay and not based on direct observation.
According to the appeal, this misjudgment contributed to a ruling that contradicted the evidence presented.
The Nigeria Police also clarified that the Federal High Court judgment in the cyberbullying case should not be misconstrued as validating unrelated rape allegations made by Aseyan.
“The judge did not adjudicate on rape or sexual assault,” the appeal statement noted.
“The ruling addressed only the cyberbullying charges brought by the police, which were dismissed on technical grounds.
“This outcome does not confirm the truth of any prior rape allegations, which were investigated in the UK and found to be unsubstantiated.”
The appeal underscores the importance of holding individuals accountable for online misconduct.
Legal experts observing the case note that the decision of the Court of Appeal could set a precedent in interpreting actus reus and mens rea under Nigerian cybercrime law.
“This cyberbullying appeal case could redefine how courts approach online harassment and defamation, particularly on social media platforms,” a Lagos-based legal analyst explained.
The matter originated from a series of social media posts in 2020 that allegedly harmed Dr. Ogunsanya’s reputation and caused personal distress.
The prosecution maintains that the posts were deliberate, offensive, and intimidating, in direct violation of the Cybercrime Act.
By filing the cyberbullying appeal case, the Nigeria Police aims to ensure that technicalities do not prevent justice and that online harassment is addressed appropriately under Nigerian law.
The Court of Appeal, Lagos Judicial Division, will hear the case, which will focus on multiple legal questions: the proper evaluation of evidence, the interpretation of actus reus and mens rea in cybercrime cases, and whether the lower court allowed personal sentiment to influence its judgment.
The outcome is expected to have far-reaching implications for cybercrime prosecutions in Nigeria, particularly as social media becomes an increasingly powerful tool for communication and, potentially, harassment.
The Nigeria Police cyberbullying appeal case seeks to overturn the Federal High Court’s judgment that acquitted Bolanle Aseyan and to secure a retrial.
The case emphasizes the need for accountability in online behavior, clarifies misconceptions about unrelated allegations, and highlights Nigeria’s evolving legal landscape in handling cybercrime.
With the Court of Appeal’s decision pending, the case continues to be a critical reference point for law enforcement, legal practitioners, and social media users alike.
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