Socio-Economic Rights and Accountability Project (SERAP) has sued the Tinubu government and Nigeria’s 36 governors. The lawsuit challenges the alleged misuse of the Cybercrimes Act to suppress freedom of expression and criminalize legitimate public discourse.
SERAP’s legal action follows a 2022 ECOWAS Court judgment, which declared Section 24 of the Cybercrimes Act 2015 arbitrary, vague, and repressive. While the (Amendment) Act 2024 repealed Section 24, SERAP argues that its provisions remain problematic.
Act Still Restricts Expression, SERAP Claims
According to SERAP, the amended Act continues to criminalize activities like cyberstalking, jeopardizing human rights and media freedom. The organization insists that sections of the Act, including those defining “cyberstalking,” are overly broad, leaving them open to abuse.
SERAP Seeks ECOWAS Court’s Declaration on Cybercrimes Act
SERAP has requested the ECOWAS Court to declare the amended the Act incompatible with international human rights laws. They demand immediate repeal or further amendments to safeguard Nigerians’ freedom of expression.
The suit outlines numerous instances of alleged misuse of the Act. These include the arrest and prosecution of activists, journalists, and social media users under ambiguous provisions.
Examples of Alleged Abuses Under the Cybercrimes Act
SERAP highlighted several cases of misuse:
- Activist Dele Farotimi faced charges under the repressive Cybercrimes Act provisions.
- Journalist Agba Jalingo was accused of cyberstalking after exposing malpractice allegations involving a former governor’s relative.
- Social media users like Chioma Okoli and Funke Adeoye faced police action over comments and posts deemed critical or offensive. SERAP’s Goals for the Suit
The suit seeks declarations that sections of the Act are unlawful and violate international human rights standards. SERAP also urges Nigeria to fulfill obligations under the African Charter on Human and Peoples’ Rights.
This case underscores growing concerns over the balance between cybersecurity and human rights. SERAP’s efforts aim to ensure that the Cybercrimes Act serves its purpose without compromising Nigerians’ fundamental freedoms.
No hearing date has been set for the case.
