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The Socio-Economic Rights and Accountability Project, along with the Nigerian Guild of Editors, has called on President Bola Tinubu's government to immediately cease utilizing the “draconian” Cybercrimes Act to target journalists, activists, critics, and other Nigerians who are peacefully voicing their opinions online.
They have also demanded the release of individuals detained under this law throughout the nation.
In a joint statement, signed by SERAP Deputy Director Kolawole Oluwadare and Dr. Iyobosa Uwugiaren, General Secretary of the Nigerian Guild of Editors, on Sunday, the organizations stated: “The application of the Cybercrimes Act to imprison individuals for peacefully expressing their opinions conveys a discouraging message to Nigerians that their rights will not be prioritized under the Tinubu administration.”
They argued that “Employing laws that contradict constitutional protections and international human rights standards, such as the Cybercrimes Act, undermines democracy and the rule of law in Nigeria.”
The groups emphasized that Nigerian authorities at all levels must exhibit tolerance for peaceful dissent and press freedom if citizens are to hold them accountable to their constitutional obligations, commitments, and promises.
The statement included: “We are troubled that Nigerian authorities have persisted in applying the Cybercrime Act to normalize the suppression of journalists, bloggers, human rights advocates, opposition politicians, artists, and other Nigerians' rights.”
They called for an end to the misuse of the Cybercrimes Act and the regulations of the National Broadcasting Commission, which have been utilized to intimidate and harass media professionals. “Impunity for individuals who threaten, intimidate, and harass journalists, bloggers, and activists exacerbates the already hostile environment for these defenders of constitutionally and internationally recognized human rights in Nigeria.”
The groups pointed out that press suppression has manifested in various forms recently, including extrajudicial actions, unlawful detentions, malicious prosecutions, and the misuse of laws and enforcement agencies.
They indicated that since the 2024 amendment to the Cybercrime Act, authorities have consistently exploited section 24 on “cyberstalking” to arbitrarily arrest, detain, and prosecute social media users, activists, and journalists.
They further noted the growing dependence on criminal defamation and oppressive laws to stifle dissent, with frivolous lawsuits filed against journalists and rights activists.
“We are additionally concerned about the ongoing threats to journalists’ safety and the chilling impact of SLAPPs (strategic lawsuits against public participation) along with harassment from security agencies and politicians.” They underscored that journalists, bloggers, and rights defenders play a vital role in uncovering abuses.
“The right to freedom of expression encompasses all types of information and ideas, including those that may shock, offend, or disturb—regardless of the truthfulness or falsehood of the content.”
The statement asserted that the amended Cybercrimes Act 2024, particularly section 24, is inconsistent with section 39 of the 1999 Nigerian Constitution (as amended) and the African Charter on Human and Peoples’ Rights.
They recalled the ECOWAS Court’s ruling in March 2022, which deemed section 24 of the Cybercrime Act arbitrary and repressive, in violation of Article 9 of the African Charter and Article 19 of the International Covenant on Civil and Political Rights, ordering Nigeria to amend the law accordingly. However, the groups observed that despite the changes made in 2024, section 24 remains vaguely defined and susceptible to misuse.
“The definition of ‘cyberstalking’ under section 58 is so broad that it could be misapplied against legitimate expressions of freedom.” They cautioned that stories published online are now criminalized as “offensive,” “annoying,” or “obstructive,” even if they are factual.
Moreover, content that was legally published in traditional media is increasingly being targeted once it is republished online. “Section 24 of the Cybercrimes Act 2024 adopts an excessively punitive approach to addressing stalking and harassment and lacks protections against misuse, particularly in the context of journalism and peaceful expression.”
The groups urged President Tinubu to publicly instruct state governors, the Nigeria Police Force, and the Department of State Services to uphold the rights of all citizens.
They also called upon the Attorney General to advocate for immediate reforms and ensure that laws conform with the Constitution and Nigeria’s international human rights obligations.
“We urge the National Assembly to promptly review and revise the Cybercrimes Act and similar restrictive laws in accordance with Nigeria’s human rights and media freedom commitments,” the statement concluded.
