Babatunji Wusu –
- The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit challenging the Cybercrime (Amendment) Act 2024, alleging it violates Nigerians’ freedom of expression and human rights.
- SERAP argues that the Act criminalizes legitimate expression and disproportionately punishes activists, journalists, bloggers, and social media users.
- The lawsuit seeks to have provisions of the Act, particularly section 24, declared unlawful and inconsistent with international human rights standards.
- SERAP has called for the immediate repeal or amendment of these provisions, citing their vague and repressive nature.
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Nigerian government, including President Bola Tinubu and the nation’s 36 governors, over the controversial provisions of the Cybercrime (Amendment) Act 2024. The suit, filed before the ECOWAS Community Court of Justice, challenges the legality of the amended legislation, arguing it criminalizes legitimate expression and infringes on the rights of Nigerians, including activists, journalists, bloggers, and social media users.
SERAP contends that despite the repeal of section 24 of the previous Cybercrime Act, the 2024 amendments still feature arbitrary and vague provisions that threaten to penalize peaceful and legitimate expression. Specifically, the Act’s definition of “cyberstalking” and the ambiguous language around “causing a breakdown of law and order” leave room for abuse and misuse, potentially targeting individuals for expressing dissent or making critical statements online.
The lawsuit asserts that the amended Act contradicts Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which guarantee the right to freedom of expression and information. SERAP also highlights that Nigerian authorities have increasingly weaponized the law to intimidate, arrest, and prosecute individuals for their online activities, creating a chilling effect on media freedom and human rights.
SERAP is requesting the ECOWAS Court to declare the provisions of section 24 unlawful and incompatible with international human rights law. The organization has also called for the repeal or amendment of the provisions in line with Nigeria’s international human rights obligations.
As of now, no date has been set for the hearing of the case.
