Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu and Nigeria’s 36 governors over “the repressive use of the Cybercrimes (Amendment) Act 2024 to criminalise legitimate expression and violate the human rights of Nigerians, including activists, journalists, bloggers and social media users.”
The ECOWAS court had in its judgment dated 25 March, 2022 “ordered Nigerian authorities to stop using section 24 of the Cybercrime Act 2015 to prosecute anyone on the grounds of insulting or stalking public officials online.”
The court declared section 24 as “arbitrary, vague and repressive” and ordered Nigerian authorities “to repeal it in conformity with the country’s human rights obligations.”
But while the Cybercrime (Amendment) Act 2024 has repealed section 24, it has not cured the arbitrary, vague and repressive nature of the provisions.
In the suit no: ECW/CCJ/APP/03/2025filed last week before the ECOWAS Community Court of Justice in Abuja, SERAP is challenging “the legality and compatibility of the provisions of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 with the rights to freedom of expression and information.”
SERAP said, “The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalising legitimate expression and punishing activists, journalists, bloggers and social media users.”
SERAP said, “What constitutes ‘causing a breakdown of law and order’ in section 24(1)(b) of the amended legislation is unclear and undefined, threatening to punish peaceful and legitimate expression and opening the provisions up to abuse.”
SERAP also said, “Rather than using the amended legislation to make cyberspace and its users safer, Nigerian authorities are routinely weaponizing it to curb Nigerians’ human rights and media freedom.”
SERAP is arguing that, “The Cybercrime (Amendment) Act 2024, in addition to its arbitrary, vague and repressive section 24 provisions, broadly defines ‘cyberstalking’ in section 58 as ‘a course of conduct, directed at a specific person that would cause a reasonable person to feel fear.”
SERAP is also arguing that, “The provisions of the Cybercrimes (Amendment) Act 2024 represents a harshly punitive attempt to address the problems relating to stalking and harassment and fails to provide sufficient safeguards against misuse, particularly for peaceful and legitimate exercise of human rights.”
SERAP is arguing that, “The use of section 24 of the Cybercrime (Amendment) Act 2024 to harass those who are deemed critical of the government directly threatens the staff, members and supporters of SERAP, particularly given the nature of the organisation’s advocacy for human rights.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Mrs Adelanke Aremo and Andrew Nwankwo, read in part: “The amended legislation is abused to threaten and stifle people’s human rights and livelihoods.”