Legal Expert Warns WhatsApp Group Admins Risk Prosecution for Docility Under Nigerian Law

 

Owerri, 10 June 2026--WhatsApp group administrators in Nigeria face growing criminal and civil liability if they fail to moderate content and remove illegal posts, legal practitioner Nze S. C. Ekpunobi has warned.

In a legal advisory titled “How Not to Be a WhatsApp Administrator Under the Nigerian Law,” Ekpunobi of Mete-Bia Chambers, Associate Partner at D. C. Denwigwe SAN & Associates, said the role of an admin has shifted from social coordination to a position of legal responsibility.

Admins Not Automatically Guilty, But Inaction Has Consequences 

Ekpunobi stated that while an administrator is not automatically liable for a member’s individual actions, they can face prosecution and lawsuits if they remain “docile” while members use the platform for cyberstalking, defamation, fake news, or harassment.

“This liability arises from the administrator’s role as a moderator and ‘controller’ of the digital space they created and manage,” he wrote.

Criminal Liability Under Cybercrimes Act and Criminal Code  

The lawyer cited Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, which criminalises cyberstalking, including sending messages that are grossly offensive, indecent, or false to cause insult, injury, or hatred. 

“While the member is the primary offender, an administrator who facilitates or enables this conduct through docility may be caught under the principles of aiding and abetting,” Ekpunobi said.

He also referenced _Sections 7 and 8 of the Criminal Code_, which make a person liable if they “do or omit to do any act for the purpose of enabling or aiding another to commit an offence.” 

Ekpunobi argued that if an admin refuses to remove illegal content despite having the power to do so, they may be viewed as an aider or abettor. He cited _Mustapha v. State (2016) LPELR-40081(CA)_, where the Court of Appeal held that omissions that enable a crime amount to participation.

Section 40 of the Cybercrimes Act was also highlighted. It mandates that entities render assistance to law enforcement in inquiries into members’ activities. “A docile administrator who refuses to cooperate with law enforcement regarding a member’s conduct could face separate penalties,” he added.

Civil and Data Protection Liability  

Under civil law, Ekpunobi pointed to the Nigeria Data Protection Act 2023. Section 53(1) deems principal officers of a body culpable for offences committed by the body unless they prove the act was done without consent and that they exercised diligence to prevent it.

“A docile administrator who fails to moderate a group effectively fails this ‘diligence’ test and may be held vicariously liable under Section 53(2) for the acts or omissions of those they are supposed to manage,” he said.

For corporate or official WhatsApp groups, Section 139 of the Nigerian Communications Act allows managers of a communication channel to be charged jointly or severally for offences committed by the body corporate.

Ekpunobi also invoked the doctrine of “lifting the veil,” citing Section 86 of the Nigeria Customs Service Act 2023 and Section 16 of the Admiralty Jurisdiction Act 1991, which hold managers liable for defaults within their managed space. He added that Alhaji Mohammed Abacha v. A.G. Federation (2013) LPELR-21749(SC) supports personal liability when statutory duties are breached.

No Shield for Unincorporated Groups

The lawyer stressed that the fact that a WhatsApp group is not incorporated under Nigerian law does not shield members or admins from liability. 

“The unincorporated nature of the WhatsApp group is irrelevant to the liability of the person who ‘knowingly or intentionally sends’ the message under Section 24 of the Cybercrimes Act or publishes defamatory matter under state laws,” he said.

Court Powers and Advice to Admins

Ekpunobi noted that under _Order 17, Rule 1 of the Federal High Court AMCON Proceedings Rules 2018_, courts can grant injunctions or award damages against administrators who facilitate harm through inaction.

His advice to group admins: “To avoid liability, administrators must exercise the ‘diligence’ required by the Nigeria Data Protection Act, 2023 by actively moderating content and removing offending members.”

The advisory comes amid increasing cases of defamation, cyberstalking, and spread of fake news on social media platforms, with regulators and courts showing more willingness to hold platform moderators accountable.