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 to suppress freedom of expression and violate human rights, particularly those of activists, journalists, bloggers, and social media users.
According to SERAP’s Deputy Director, Kolawole Oluwadare, the amended Act’s provisions remain 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,” Oluwadare stated.
The lawsuit follows a previous ECOWAS Court ruling that Section 24 of the original Cybercrimes Act 2015 was “arbitrary, vague, and repressive.” Although the Cybercrimes (Amendment) Act 2024 repealed Section 24, SERAP argues that the reworded provisions still violate the rights to freedom of expression and information.
SERAP highlighted several instances of alleged misuse of the law, including the cases of activist Dele Farotimi, journalist Agba Jalingo, and social media user Chioma Okoli, who faced charges or arrest for exercising their right to free speech. The organization stressed that the amended Act is inconsistent with international human rights law, which requires restrictions on freedom of expression to serve a legitimate purpose and be strictly proportionate.
In the suit, SERAP seeks several reliefs, including:
– Declaration of illegality*: A declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations.
– Repeal or amendment*: 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.
