Kehinde Fajobi
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and the 36 state governors at the ECOWAS Community Court of Justice in Abuja.
The case challenges the alleged misuse of the Cybercrimes (Amendment) Act 2024, which SERAP claims suppresses freedom of expression and violates human rights, particularly those of activists, journalists, bloggers, and social media users.
In a statement issued on 12 January 2025, SERAP’s Deputy Director, Kolawole Oluwadare, criticised the provisions of the amended Act, calling them vague, arbitrary, and repressive.
According to Oluwadare, the law criminalises legitimate expression and restricts media freedom.
“The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalising 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,” the SERAP statement read.
Background and Legal Context The ECOWAS Court had previously ruled on 25 March 2022, stating that Section 24 of the original Cybercrimes Act 2015 was “arbitrary, vague, and repressive.”
The Court ordered Nigeria to repeal the provision to meet its human rights obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Although the Cybercrimes (Amendment) Act 2024 repealed Section 24, SERAP argues that the new provisions still violate rights to freedom of expression and information.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 highlighted several cases where the amended Act was allegedly misused to target critics of the government.
Activist Dele Farotimi faced cybercrime charges, journalist Agba Jalingo was charged with cyberstalking, and social media user Chioma Okoli was arrested for a comment on a tomato mix brand.
Other cases include the arrest of bloggers and a popular singer accused of harassment.
“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.
On international human rights standards, SERAP stressed that the amended Act violates international human rights law, which mandates that any restrictions on freedom of expression must serve a legitimate purpose and be strictly proportional.
“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 legal team, led by Kolawole Oluwadare, Mrs Adelanke Aremo, and Andrew Nwankwo, seeks a declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations.
The organisation is also asking the court to direct the government to amend or repeal the law in line with international standards.
“No date has been fixed for the hearing of the suit,” the statement concluded.