LIVE UPDATES
NIGERIA- The Socio-Economic Rights and Accountability Project (SERAP) have launched legal action against President Bola Tinubu’s administration and the 36 governors of Nigeria.
The lawsuit contests the purported misuse of the Cybercrimes (Amendment) Act 2024, asserting that it criminalizes free speech and violates the rights of Nigerians, including activists, journalists, bloggers, and social media users.
This action follows a 2022 ruling by the ECOWAS Court, which denounced Section 24 of the Cybercrime Act 2015 as “arbitrary, vague, and repressive.” The court mandated the Nigerian government to repeal this section to comply with international human rights standards.
Although the amended 2024 Act eliminated Section 24, SERAP maintains that the law is still problematic, pointing to ambiguities and provisions that could hinder legitimate expression.
Filed under suit no: ECW/CCJ/APP/03/2025 at the ECOWAS Community Court of Justice in Abuja, SERAP argues that the revised legislation broadly defines terms like “cyberstalking” in ways that could lead to misuse. For example, Section 24(1)(b) criminalizes actions that result in a “breakdown of law and order,” lacking clear definitions, which could suppress peaceful expression.
SERAP claims the law has been weaponized to intimidate dissenters, citing instances where activists, journalists, and social media users have faced harassment, arrests, and charges under its provisions. Notable cases include activist Dele Farotimi and journalist Agba Jalingo, both accused of “cyberstalking.” Other examples involve arrests related to social media posts, including critiques of product quality and allegations of cyberbullying.
The organization contends that the legislation breaches Nigeria’s obligations under international human rights laws, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. SERAP is calling on the court to declare Section 24 of the 2024 Act unlawful, demand its immediate repeal or amendment, and ensure adherence to Nigeria’s human rights commitments.
The lawsuit also seeks a declaration that the government’s enforcement of the law violates freedoms of expression, information, and media rights. SERAP emphasizes that safeguarding these rights is crucial for democracy and civil society. The ECOWAS Court has not yet scheduled a hearing date for the case.
