The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and Nigeria’s 36 state governors at the ECOWAS Community Court of Justice in Abuja.
The suit challenges the alleged misuse of the Cybercrimes (Amendment) Act 2024, which SERAP claims is being used 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, criticized the vague, arbitrary, and repressive provisions of the amended Act. He argued that the law enables authorities to criminalize legitimate expression and restrict media freedom.
“The provisions of the Cybercrimes (Amendment) Act 2024 open the door to criminalizing legitimate expression and punishing activists, journalists, bloggers, and social media users,” the statement reads. “This harshly punitive approach lacks safeguards against misuse, especially in the peaceful and legitimate exercise of human rights.”
Background and legal context
The ECOWAS Court had ruled on March 25, 2022, that Section 24 of the original Cybercrimes Act 2015 was “arbitrary, vague, and repressive,” ordering Nigeria to repeal the provision in order to comply with its human rights obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. While the Cybercrimes (Amendment) Act 2024 repealed Section 24, SERAP contends that the revised provisions still infringe upon the rights to freedom of expression and information.
SERAP’s court filing highlights the ambiguity of terms like “causing a breakdown of law and order” in Section 24(1)(b) of the amended Act, which it argues is undefined and open to abuse.
“This ambiguity threatens to punish peaceful and legitimate expression and opens the provisions to misuse,” SERAP stated.
Allegations of misuse
SERAP’s statement also pointed to several instances of alleged misuse of the law to target individuals critical of the government. Activist Dele Farotimi faced cybercrime charges under the amended Act, while journalist Agba Jalingo was charged with cyberstalking after reporting on a former Cross River governor’s relative hiring 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, and four bloggers were re-arraigned and a popular singer arrested for allegedly harassing the Benin Crown Prince.
“These abuses of the amended legislation are routinely used to stifle factual reports by activists, journalists, bloggers, and social media users, creating a chilling effect on human rights and media freedom,” Oluwadare added.
International human rights standards
SERAP emphasized that the amended Act is inconsistent with international human rights law, which requires any 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.
SERAP’s demands
In its lawsuit, SERAP seeks several reliefs, including a declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations. The organization is also asking the court to direct the government to repeal or amend the legislation in accordance with international standards.
“No date has been set for the hearing of the suit,” the statement concluded.
