The Socio-Economic Rights and Accountability Project (SERAP) has called on the National Assembly to immediately withdraw the Nigeria Data Protection (Amendment) Bill, 2026, describing it as a backdoor attempt to regulate social media and increase government control over online expression.
The rights organisation warned that if the bill is passed in its current form, it would challenge the law in court, arguing that it violates the Nigerian Constitution and international human rights standards.
The bill, sponsored by Senator Ned Nwoko (APC, Delta North), seeks to compel social media platforms, data controllers and data processors operating in Nigeria to establish physical offices in the country. It also empowers the Nigeria Data Protection Commission (NDPC) to prohibit or shut down the operations of any platform or organisation that fails to comply within 30 days.
In a letter dated July 18, 2026, addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP urged lawmakers to reject what it described as legislation capable of restricting freedom of expression and access to information.
The letter, signed by SERAP Deputy Director, Kolawole Oluwadare, argued that compelling technology companies to establish physical offices in Nigeria would increase government influence over digital platforms and expose them to political pressure.
According to the organisation, the proposal would make it easier for authorities to demand censorship of online content and place local employees of technology companies at risk of retaliation.
SERAP said the amendment goes beyond data protection and creates broad powers that could effectively exclude social media platforms from operating in Nigeria.
It warned that such powers could expose millions of Nigerians to violations of their constitutional rights and international human rights protections.
“The Bill would create sweeping powers capable of shutting down or excluding social media platforms from the Nigerian market and expose millions of Nigerians to serious violations of their constitutionally and internationally guaranteed human rights,” the organisation said.
SERAP argued that the proposed amendment closely resembles previous attempts by the National Assembly to regulate social media, proposals that attracted widespread public criticism and generated concerns among civil society groups.
According to the organisation, the latest bill revives many of the same ideas that had earlier been introduced by Senator Nwoko.
It expressed concern that requiring technology companies to maintain offices in Nigeria could become a tool for expanding government control over digital platforms rather than improving compliance with data protection laws.
SERAP warned that if the bill becomes law, it would immediately begin legal proceedings to challenge its constitutionality.
“Should the Bill be enacted into law in its current or substantially similar form, SERAP shall promptly take all appropriate legal actions to challenge its legality in the public interest and to ensure that Nigerians’ fundamental rights are fully protected,” the organisation stated.
The rights group maintained that governments have a legitimate responsibility to regulate digital services and ensure companies obey local laws.
However, it insisted that such regulations must respect constitutional rights and international human rights obligations.
According to SERAP, laws governing digital platforms should promote transparency, accountability and consumer protection rather than create opportunities for censorship, surveillance or political interference.
It argued that the proposed amendment gives the Nigeria Data Protection Commission excessive powers without sufficient legal safeguards.
The organisation noted that the bill would allow the NDPC to prohibit companies from operating in Nigeria without first obtaining judicial approval.
SERAP also criticised the proposed 30-day compliance period, describing it as arbitrary and insufficient for companies to address regulatory concerns.
It further argued that the bill does not require regulators to consider the impact of shutting down digital platforms on millions of Nigerians who rely on them for communication, education, business and civic participation.
According to the organisation, giving an administrative agency such powers is comparable to imposing a nationwide restriction on digital communication without following the legal safeguards required whenever fundamental rights are affected.
SERAP said the proposal would struggle to meet the constitutional requirements contained in Section 45 of the 1999 Constitution, which allows restrictions on fundamental rights only when they are prescribed by law, pursue a legitimate objective and are reasonably justifiable in a democratic society.
While acknowledging that improving regulatory compliance is a legitimate goal, SERAP argued that the amendment fails the tests of necessity and proportionality.
It said there is no evidence that existing provisions of the Nigeria Data Protection Act are inadequate or that current enforcement mechanisms have failed.
The organisation maintained that excluding social media platforms from Nigeria simply because they have not established physical offices amounts to one of the harshest penalties available under the law.
It warned lawmakers not to achieve indirectly, through localisation requirements, what they cannot lawfully achieve through direct restrictions on social media.
SERAP also cited the judgment of the ECOWAS Court of Justice in the case of *SERAP and Others v. Federal Republic of Nigeria*, which held that the Federal Government’s suspension of Twitter violated the rights to freedom of expression, access to information and media freedom guaranteed under the African Charter on Human and Peoples’ Rights.
According to the organisation, although the current bill differs from the Twitter ban in form, it could produce the same practical effect by empowering regulators to prevent digital platforms from operating in Nigeria.
The rights group also argued that the amendment could undermine Nigeria’s growing digital economy by increasing operating costs for technology companies.
It said mandatory localisation requirements would particularly affect startups, artificial intelligence developers, educational institutions, research organisations, open-source projects and smaller technology firms.
According to SERAP, the proposal also conflicts with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy, both of which seek to encourage innovation and attract investment into Nigeria’s technology sector.
The organisation further noted that no major democratic country requires every social media platform to establish a physical office as a condition for providing services.
It also referred to international human rights standards, including Article 19 of the International Covenant on Civil and Political Rights, Article 9 of the African Charter on Human and Peoples’ Rights and Section 39 of the Nigerian Constitution, all of which protect freedom of expression and access to information.
SERAP added that the United Nations Human Rights Committee has consistently maintained that restrictions on freedom of expression must be lawful, necessary and proportionate.
It also cited warnings by former United Nations Special Rapporteur on freedom of expression, David Kaye, against requiring technology companies to establish local offices where such measures could facilitate censorship or increase government influence over online content moderation.
The organisation urged the National Assembly to withdraw the bill and instead enact laws that strengthen data protection while respecting constitutional rights and supporting Nigeria’s digital economy.