The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and Nigeria’s 36 governors, challenging the alleged misuse of the Cybercrimes (Amendment) Act 2024 to stifle legitimate expression and violate human rights.
The lawsuit, filed before the ECOWAS Community Court of Justice in Abuja under suit number ECW/CCJ/APP/03/2025, argues that the amended law retains vague and repressive provisions, particularly section 24, which criminalizes “cyberstalking.” SERAP contends that these provisions open the door to abuse, suppressing free expression and targeting activists, journalists, bloggers, and social media users.
Background:
The ECOWAS Court had in a 2022 ruling declared section 24 of the original Cybercrime Act 2015 as “arbitrary, vague, and repressive,” ordering its repeal. Although the Cybercrime (Amendment) Act 2024 repealed the section, SERAP argues that the new provisions remain problematic and fail to align with Nigeria’s human rights obligations.
SERAP highlighted several issues with the amended Act:
- Unclear Definitions: Terms like “causing a breakdown of law and order” are vague and open to abuse.
- Harassment of Critics: Authorities reportedly use the law to target peaceful critics of the government.
- Broad Definition of Cyberstalking: Section 58 defines cyberstalking in a way that could criminalize legitimate expression, potentially leading to arbitrary arrests and prosecutions.
Citing examples, SERAP noted cases where activists, journalists, and social media users were charged or harassed under the law for comments or publications deemed “annoying” or “offensive.”
SERAP is seeking several declarations from the ECOWAS Court, including:
- That section 24 of the Cybercrime (Amendment) Act 2024 is unlawful and violates Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
- That actions by law enforcement agencies under the law threaten freedom of expression, information, and media freedom.
- An order directing Nigerian authorities to repeal or amend section 24 to align with international human rights standards.
SERAP emphasized that freedom of expression is a cornerstone of democracy and urged the government to fulfill its obligation to protect and facilitate this right.
The ECOWAS Court has yet to fix a hearing date for the suit.