Emmanuel OchayiThe Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and Nigeria’s 36 state governors.
The case, brought before the ECOWAS Community Court of Justice in Abuja, challenges the alleged misuse of the Cybercrimes (Amendment) Act 2024.
Join our WhatsApp ChannelSERAP claims the law is being used to suppress freedom of expression and violate human rights, particularly targeting activists, journalists, bloggers, and social media users.
SERAP Criticises Vagueness of Cybercrimes Act
In a statement on January 12, 2025, SERAP’s Deputy Director, Kolawole Oluwadare, said, “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.”
Court’s Previous Ruling and SERAP’s Concerns
SERAP referred to the ECOWAS Court’s earlier decision on March 25, 2022, which declared Section 24 of the original Cybercrimes Act 2015 “arbitrary, vague, and repressive.” The Court had ordered Nigeria to repeal the provision to meet its human rights obligations. Despite the amendments made in 2024, SERAP argues the reworded sections 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.”
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Alleged Misuse of Cybercrimes Act
SERAP highlighted multiple cases of alleged misuse of the amended law to target critics. Activist Dele Farotimi faced charges under the Act, while journalist Agba Jalingo was charged with cyberstalking after reporting on a law exam scandal involving a relative of a former Cross River governor. Additionally, social media user Chioma Okoli was arrested for commenting on the sugar content of a tomato mix brand, and four bloggers were re-arrested alongside a popular singer for allegedly harassing the Benin Crown Prince.
“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.
SERAP Calls for Repeal or Amendment
SERAP demands several reliefs, including a declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations. They seek an order directing the government to repeal or amend the legislation in line with international standards.
“No date has been fixed for the hearing of the suit,” the statement concluded.
International Standards and Human Rights
SERAP emphasized that the amended Act contradicts international human rights law, which requires that restrictions on freedom of expression must 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.
Emmanuel Ochayi is a journalist. He is a graduate of the University of Lagos, School of first choice and the nations pride. Emmanuel is keen on exploring writing angles in different areas, including Business, climate change, politics, Education, and others.
