The Socio-Economic Rights and Accountability Project (SERAP), initiated a lawsuit against President Bola Tinubu’s administration and the 36 state governors of Nigeria at the ECOWAS Community Court of Justice in Abuja.
The suit challenges the alleged misuse of the Cybercrimes (Amendment) Act 2024, claiming it has been employed to suppress freedom of expression and violate human rights, particularly those of 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, arbitrary, and repressive, enabling authorities to criminalize legitimate expression and restrict media freedom.
“The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalizing legitimate expression and punishing activists, journalists, bloggers, and social media users.
This is a harshly punitive approach that fails to provide safeguards against misuse, particularly for the peaceful and legitimate exercise of human rights,” Oluwadare stated.
The ECOWAS Court had previously ruled on March 25, 2022, that Section 24 of the original Cybercrimes Act 2015 was “arbitrary, vague, and repressive.”
The Court ordered Nigeria to repeal the provision to comply with its human rights obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.
Although the Cybercrimes (Amendment) Act 2024 repealed Section 24, SERAP contends that the reworded provisions continue to infringe on the rights to freedom of expression and information.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 continued.
SERAP’s statement highlighted several instances where the amended law has allegedly been misused to target critics of the government:
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.
The police reportedly re-arraigned four bloggers and arrested a popular singer 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.
SERAP emphasized that the amended Act contradicts international human rights laws, which require restrictions on freedom of expression to serve a legitimate purpose and be strictly proportionate.
“Freedom of expression is the cornerstone of democracy and indispensable to a thriving civil society.
Nigerian authorities must not only refrain from unduly interfering with human rights but also actively facilitate and protect these rights,” the statement read.
In the suit, filed by SERAP’s legal team, Kolawole Oluwadare, Mrs. Adelanke Aremo, and Andrew Nwankwo, the organization is seeking several reliefs, including:
A declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations and an order directing the government to repeal or amend the legislation in compliance with international standards.
“No date has been fixed for the hearing of the suit,” the statement concluded.
