Socio-Economic Rights and Accountability Project (SERAP)

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and the 36 state governors, alleging the misuse of the Cybercrimes (Amendment) Act 2024.

According to SERAP Deputy Director Kolawole Oluwadare, the suit aims to prevent authorities from exploiting the law to stifle free expression and target activists, journalists, bloggers, and social media users, rather than enhancing cybersecurity.

The lawsuit, filed at the ECOWAS Community Court of Justice in Abuja, challenges the alleged abuse of the Cybercrimes Act, which SERAP claims have been used to suppress freedom of expression and violate human rights.

Oluwadare expressed concerns about the vagueness and repressive nature of the amended Act, stating that “the provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalizing legitimate expression and punishing activists, journalists, bloggers, and social media users”.

SERAP argues that the Act’s provisions are overly broad and arbitrary, creating an environment where authorities can target individuals simply for exercising their rights to free speech.

“This is a harshly punitive approach that fails to provide safeguards against misuse, particularly for the peaceful and legitimate exercise of human rights,” the organization stated.

The lawsuit follows a previous ruling by the ECOWAS Court, which found Section 24 of the original 2015 Cybercrimes Act to be “arbitrary, vague, and repressive.”

Although the 2024 amendment repealed Section 24, SERAP contends that the new provisions still infringe upon the right to freedom of expression and information.

SERAP has cited several instances where the amended Act has allegedly been misused to target individuals critical of the government, including the cases of activist Dele Farotimi, journalist Agba Jalingo, and social media user Chioma Okoli.

The organization argues that these cases demonstrate how the amended law is being used to stifle factual reporting and create a chilling effect on free speech.

In its suit, SERAP is seeking several key actions, including a declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations.

The organization is also calling for an order directing the government to repeal or amend the legislation to bring it into compliance with international standards.