The Socio-Economic Rights and Accountability Project has filed a lawsuit against President Bola Tinubu’s administration and the 36 state governors at the ECOWAS Community Court of Justice in Abuja, challenging the alleged misuse of the Cybercrimes (Amendment) Act 2024.
The organisation contends that the law is being used to suppress freedom of expression and violate the human rights of activists, journalists, bloggers, and social media users.
In a statement released on January 12, 2025, SERAP’s Deputy Director, Kolawole Oluwadare, described the amended Act as vague, arbitrary, and repressive. He argued that the law allows authorities to criminalise legitimate expression, undermining media freedom and human rights.
“The provisions of the Cybercrimes (Amendment) Act 2024 have created a punitive framework that criminalises peaceful expression and unjustly targets activists, journalists, bloggers, and social media users,” Oluwadare said. “This is a harshly punitive approach that fails to safeguard against misuse.”
The ECOWAS Court had previously ruled on March 25, 2022, that Section 24 of the original Cybercrimes Act 2015 was “arbitrary, vague, and repressive.”
The Court ordered Nigeria to repeal the section to align with its obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
While Section 24 of the 2015 Act was repealed in the 2024 amendment, SERAP claims that the revised provisions remain inconsistent with international human rights standards.
In its court filing, SERAP specifically criticised Section 24(1)(b) of the amended Act, which penalises actions that purportedly cause “a breakdown of law and order.” The organisation argued that the term is undefined, creating room for abuse.
“This ambiguity threatens to punish peaceful and legitimate expression, leaving the law open to misuse,” SERAP stated.
The group cited several cases where the law was allegedly used to target individuals critical of the government. “The amended legislation has been weaponised against factual reporting and dissenting voices, leaving a chilling effect on free expression and media freedom,” Oluwadare added.
SERAP emphasised that the Cybercrimes (Amendment) Act 2024 fails to meet international human rights standards, which require restrictions on freedom of expression to serve a legitimate purpose and be narrowly tailored.
“Freedom of expression is a cornerstone of democracy and an essential pillar of civil society,” the group stated. “Nigerian authorities must actively protect and facilitate these rights rather than stifle them.”
SERAP, represented by its legal team of Kolawole Oluwadare, Mrs. Adelanke Aremo, and Andrew Nwankwo, is seeking the following reliefs:
A declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and violates Nigeria’s human rights obligations.
