The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu and the country’s 36 state governors at the ECOWAS Community Court of Justice in Abuja. The lawsuit challenges the recently enacted Cybercrime (Amendment) Act 2024, which SERAP claims is being misused to stifle legitimate expression and violate the rights of citizens, including activists, journalists, and social media users.
This legal action comes on the heels of a previous ruling by the ECOWAS Court in March 2022, which deemed section 24 of the original Cybercrime Act 2015 as “arbitrary, vague, and repressive.” The court had ordered Nigerian authorities to repeal this section to comply with human rights obligations. Although the new amendment has repealed section 24, SERAP argues that it has not addressed the underlying issues of vagueness and repression within the law.
In its lawsuit, filed last week under case number ECW/CCJ/APP/03/2025, SERAP is specifically contesting provisions in the Cybercrime (Amendment) Act that it claims criminalize peaceful expression. According to SERAP, terms like “causing a breakdown of law and order” are poorly defined, leaving them open to misuse by authorities against those who criticize the government.
“The provisions of the Cybercrime (Amendment) Act 2024 have opened the door to criminalizing legitimate expression,” SERAP stated. The organization emphasized that rather than enhancing safety in cyberspace, these laws are being weaponized to suppress human rights and media freedom.
One of the contentious aspects of the amended law is its broad definition of “cyberstalking,” which could potentially punish individuals for expressing their opinions online. SERAP argues that this creates a chilling effect on free speech, deterring people from engaging in open discussions about important societal issues.
The lawsuit also highlights several recent cases where individuals have faced legal repercussions under this new law. Activist Dele Farotimi was charged with cybercrime for his outspoken views, while journalist Agba Jalingo faced similar charges related to a report involving a former governor’s family member. These incidents illustrate how the law is being used to intimidate those who dare to speak out.
SERAP’s legal team is asking the ECOWAS Court for several key outcomes: a declaration that the provisions of section 24 of the Cybercrime (Amendment) Act are unlawful and incompatible with international human rights standards; an acknowledgment that the actions of Nigerian authorities violate citizens’ rights; and an order for immediate repeal or amendment of these provisions.
In light of these developments, the outcome of SERAP’s lawsuit could significantly impact the landscape of freedom of expression in Nigeria. With increasing scrutiny on the government’s use of the Cybercrime (Amendment) Act, many citizens and advocates are hopeful for a ruling that upholds human rights and fosters an environment where open dialogue can thrive. The legal battle ahead promises to be a pivotal moment in the ongoing struggle for civil liberties in the country.
