166. The Applicant claimed that since the law came into effect in 2015, the Defendant State has religiously used the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 to intimidate the Applicant, its members, associates and employees. 167. It listed nine names of its alleged employees and stated that they were arrested and detained as a result of enforcement of the provisions of Section 24 of the “Cybercrime (Proibition, Prevention, etc.) Act, 2015”. 168. It prays the Court to declare that the rights of its members, associates and employees to freedom of expression, as guaranteed by Article 9 of the African Charter, have been violated by the Defendant State. 169. The list of the nine victims of alleged human rights violations was provided with the place and date of the arrest, with the Court's decision/order for each of the victims. 170. It gathered a document “Annexure 2” as reports of the Defendant's arbitrary use of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 against Nigerians. 171. The Defendant State, in its defense, denied the facts and put the Applicant to the strictest evidence thereof and also reaffirmed that it never intimidated, harassed, jailed or tortured any member of the press for exercising their freedom of expression within the law, including the Applicant's members, associates and employees; that it has never violated the freedom of expression of any citizen on the Internet or anywhere; that it has always maintained the rule of law, while recognizing and giving effect to the human rights of its citizens, including those of the Applicant; That is legally uses the “Cybercrime (Prohibition, Prevention, etc.) Act, 2015” objectively, in accordance with its domestic laws and those of the International Community, without any arbitrary use.  172. However, it should be noted that the general principle of proof imposes the burden of proof on the person making the allegations. It is true that this rule is reversed when there is a legal presumption, exemption or release of the burden of proof, situations in which such burden happens to fall on the opposing party. 39

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