In a bold move to protect Nigerians’ rights to free speech, the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Nigerian government, including President Bola Tinubu and the country’s 36 state governors. The lawsuit, filed last week at the ECOWAS Court of Justice in Abuja, challenges the recently amended Cybercrimes (Prohibition, Prevention, etc.) Act of 2024, accusing the government of using the law to silence activists, journalists, bloggers, and social media users.
The crux of SERAP’s lawsuit is its claim that the amended law, rather than securing cyberspace and enhancing safety, is being weaponized to suppress free expression and violate fundamental human rights. The new law, which was amended in 2024, particularly section 24, is being criticized for its vague and arbitrary language. According to SERAP, the law’s provisions on “causing a breakdown of law and order” are dangerously ambiguous, creating a potential for abuse.
“Legitimate expression is being criminalized under the guise of enforcing this law,” said Kolawole Oluwadare, one of the lawyers representing SERAP in the case. “This is a direct assault on the rights of Nigerians to speak their minds and share information freely, a right that should be guaranteed under international human rights law.”
Background to the Lawsuit
This legal action is not the first time Nigerian authorities have faced international scrutiny over their use of the Cybercrimes Act. In a landmark judgment in March 2022, the ECOWAS Court had already ruled that section 24 of the original Cybercrime Act, which penalized online insults against public officials, was arbitrary, vague, and repressive. The Court had ordered that the provision be repealed, stating that it violated Nigeria’s human rights obligations.
However, despite this ruling, the amended Cybercrimes Act of 2024, which repealed the offending section, still retains provisions that SERAP argues are just as repressive. Section 24 of the new law, for instance, empowers authorities to act against anyone deemed to be “causing a breakdown of law and order,” but it fails to clearly define what constitutes such a violation, leaving it open to broad interpretation.
“It is not only activists who are at risk,” Oluwadare continued. “Journalists, bloggers, and ordinary Nigerians who use social media to express their views or report the truth are being harassed and detained, often for simply doing their jobs or voicing their opinions.”
A Repressive Law That Endangers Free Expression
The 2024 amendment to the Cybercrimes Act has drawn significant international criticism for its potential to stifle free speech. SERAP’s lawsuit highlights how the law has been used to arrest and intimidate citizens exercising their right to free expression. Examples cited by SERAP include the arrests of well-known figures such as activist Dele Farotimi and journalist Agba Jalingo.
In the case of Jalingo, he was charged with “cyberstalking” after publishing a report on corruption involving a former governor’s relative in Cross River State. Similarly, Chioma Okoli was detained for a comment she made on Facebook about the high sugar content in a tomato product, while Funke Adeoye was summoned by the police for alleged cyberbullying related to a post on the social media platform X.
“The provisions of this amended law are not only overly broad but also vague enough to catch anyone who disagrees with the government or its officials,” said SERAP lawyer Andrew Nwankwo. “This creates a chilling effect, where people are afraid to speak out, knowing they could face arrest for simply sharing an opinion or exposing wrongdoing.”
Violating International Human Rights Standards
According to SERAP, the Cybercrimes (Amendment) Act 2024 is inconsistent with international human rights standards, particularly the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. These treaties guarantee freedom of expression, including the right to seek, receive, and impart information, as well as the right to participate in public debate.
In its court filing, SERAP has requested the ECOWAS Court to declare that the provisions of section 24 of the Cybercrime (Amendment) Act 2024 violate Nigeria’s international human rights obligations. The organization is asking for the law to be amended to align with these treaties and for Nigerian authorities to cease using the law to harass citizens.
“Nigerian authorities not only have a duty to refrain from violating human rights, but they also have a positive obligation to protect these rights, including the rights of journalists, bloggers, and social media users,” said Mrs. Adelanke Aremo, another SERAP lawyer involved in the case.
The case seeks a ruling that would compel the Nigerian government to revise the law to ensure it is compliant with international human rights standards. It also calls for compensation for the individuals who have been wrongfully arrested and detained under the provisions of the Cybercrimes Act.
The Ongoing Battle for Free Expression
The use of the Cybercrimes (Amendment) Act to silence critics and curb freedom of expression in Nigeria comes at a time when civil liberties in the country have come under increasing threat. Reports from organizations like Freedom House indicate that internet freedom in Nigeria has steadily declined, with bloggers and journalists facing arbitrary arrest and detention for reporting facts that challenge the government.
“The ongoing abuse of the Cybercrimes Act is part of a broader pattern of declining press freedom and the suppression of dissenting voices in Nigeria,” said Olawale Ibrahim, a media freedom expert. “The government’s crackdown on free speech is not just an internal issue; it has ramifications for Nigeria’s international reputation as a democracy.”
As the case moves forward, the ECOWAS Court is expected to play a crucial role in determining whether Nigeria’s use of the Cybercrimes Act is in violation of its human rights obligations. SERAP’s lawsuit may prove pivotal in restoring the space for free expression in the country and ensuring that Nigerians’ rights to speak, report, and protest are protected from arbitrary government overreach.
A Call for Action
SERAP’s legal action is not just about the lawsuit at hand; it represents a broader fight for the protection of fundamental human rights in Nigeria. The organization is calling on the ECOWAS Court to act swiftly to address what it considers an unconstitutional law that threatens the core values of democracy and freedom of expression in Nigeria.
“We will continue to fight until Nigerians are free to express themselves without fear of retribution,” said Kolawole Oluwadare. “This case is crucial in setting a precedent for the protection of human rights, not just in Nigeria, but across West Africa.”
