The Socio-Economic Rights and Accountability Project has filed a lawsuit against President Bola Tinubu’s administration and the 36 state governors at the ECOWAS Community Court of Justice in Abuja.
The suit challenges the alleged misuse of the Cybercrimes (Amendment) Act 2024, which SERAP says has been used to suppress freedom of expression and violate human rights. The organisation claims that the law is being weaponised to target activists, journalists, bloggers, and social media users.
In a statement issued on January 12, 2025, SERAP’s Deputy Director, Kolawole Oluwadare, described the provisions of the amended Act as vague and repressive.
“The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalising legitimate expression and punishing activists, journalists, bloggers, and social media users,” Oluwadare said.
“This is a harshly punitive approach that fails to provide safeguards against misuse, particularly for the peaceful and legitimate exercise of human rights.”
The ECOWAS Court had earlier ruled, on March 25, 2022, that Section 24 of the original Cybercrimes Act 2015 was “arbitrary, vague, and repressive.” The Court directed Nigeria to repeal the section to align with its human rights obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Although Section 24 was repealed in the Cybercrimes (Amendment) Act 2024, SERAP argues that the reworded provisions still infringe on the rights to freedom of expression and information.
“What constitutes ‘causing a breakdown of law and order’ in Section 24(1)(b) of the amended legislation is unclear and undefined,” SERAP stated in its court filing. “This ambiguity threatens to punish peaceful and legitimate expression and opens the provisions to abuse.”
SERAP highlighted several instances where the law has allegedly been misused:
– Activist Dele Farotimi faced cybercrime charges under the amended Act.
– Journalist Agba Jalingo was charged with cyberstalking after reporting that a relative of a former Cross River governor engaged someone to sit for her law exams.
– Social media user Chioma Okoli was arrested for commenting on the sugar content of a tomato mix brand.
– Four bloggers were re-arraigned, and a popular singer was arrested for allegedly harassing the Benin Crown Prince.
“The amended legislation is routinely abused to stifle factual reports by activists, journalists, bloggers, and social media users, leaving a chilling effect on human rights and media freedom,” Oluwadare added.
In its suit, filed by legal representatives Kolawole Oluwadare, Adelanke Aremo, and Andrew Nwankwo, SERAP seeks:
1. A declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations.
2. An order directing the government to repeal or amend the legislation in compliance with international human rights standards.
“No date has been fixed for the hearing of the suit,” the statement concluded.
SERAP emphasised that the amended Act violates international human rights law, which requires any restrictions on freedom of expression to serve a legitimate purpose and be proportionate.
“Freedom of expression is the cornerstone of democracy and indispensable to a thriving civil society,” the organisation stated. “Nigerian authorities must not only refrain from unduly interfering with human rights but also actively facilitate and protect these rights.”
