By Amofokhai Williams
In a bold and dramatic move, the Socio-Economic Rights and Accountability Project (SERAP) has hauled the administration of President Bola Tinubu and the governors of Nigeria’s 36 states before the ECOWAS Community Court of Justice.
The lawsuit challenges the alleged weaponisation of the Cybercrimes (Amendment) Act 2024, accusing authorities of criminalising legitimate expression and trampling on fundamental human rights, including those of activists, journalists, bloggers, and social media users.
This legal battle follows a pivotal ECOWAS Court judgment in March 2022, which ruled that Section 24 of the original Cybercrime Act 2015 was “arbitrary, vague, and repressive.”
The court had ordered Nigerian authorities to repeal the section in line with human rights obligations. However, despite the 2024 amendment removing the specific provision, SERAP argues that the revised Act retains its oppressive essence, threatening free speech and expression.
SERAP contends that provisions of the amended law remain dangerously broad and undefined, leaving them open to abuse.
The group highlights the chilling effect of phrases like “causing a breakdown of law and order,” which it claims have been used to criminalise peaceful criticism and legitimate reporting.
Rather than safeguarding cyberspace, the Act, according to SERAP, has become a blunt instrument to stifle dissent, punish critics, and intimidate citizens exercising their democratic rights.
The organisation further underscores how these repressive measures have been wielded against individuals such as journalist Agba Jalingo, activist Dele Farotimi, and others who have faced arbitrary arrests and harassment under the guise of cyberstalking. Even routine social media commentary has drawn severe punitive action, creating an atmosphere of fear among Nigerians online.
SERAP insists that the definition of cyberstalking under Section 58 of the Act, described as “a course of conduct directed at a specific person that would cause a reasonable person to feel fear,” is dangerously vague and ripe for misuse.
By criminalising dissent and discouraging free expression, the government’s actions, SERAP argues, are antithetical to Nigeria’s democratic ideals and its international human rights obligations.
In the lawsuit, SERAP seeks a declaration from the court that the provisions of the Cybercrimes (Amendment) Act 2024 violate fundamental freedoms protected under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
The group also calls for an order compelling the Nigerian government to repeal or amend the contentious sections to align with international legal standards.
SERAP asserts that freedom of expression is not only the cornerstone of democracy but a critical enabler of a thriving civil society. The current use of the Cybercrimes Act, it argues, not only undermines these rights but also threatens to erode the democratic fabric of the nation.
As the case awaits its hearing date, the spotlight remains on Nigeria, with growing calls for justice to prevail in the face of what many see as an alarming crackdown on civil liberties.