The Federal High Court sitting in Lagos, Nigeria, struck out a challenge to the constitutionality of Sections 24 and 38 of the Cybercrimes Act, for being frivolous and lacking merit. Section 24 penalized online transmission of content that was broadly defined as offensive or false. Section 38 required service providers to retain and preserve all traffic and subscriber data. The Applicants argued that the sections were unconstitutional and violated and would likely further violate fundamental rights to freedom of expression and privacy guaranteed by the 1999 Constitution of the Federal Republic of Nigeria, and Article 9 of African Charter on Human and People’s Rights. The Court found that the fundamental rights invoked were not absolute but subject to legitimate restrictions pursuant to Section 45 of the Constitution which aims to protect public safety, public order, public morality or public health as well as the rights and freedom of other persons.