The Socio- Economic Rights and Accountability Project (SERAP) has taken a bold step in challenging the Nigerian government’ s alleged misuse of the Cybercrimes (Amendment) Act 2024. The organization has filed a lawsuit against President Bola Tinubu’ s administration and the 36 state governors at the ECOWAS Community Court of Justice in Abuja.
At the heart of the matter is the concern that the amended Act is being used to suppress freedom of expression and violate human rights, particularly those of activists, journalists, bloggers, and social media users. SERAP’ s Deputy Director, Kolawole Oluwadare, emphasized that the provisions of the amended Act remain vague, arbitrary, and repressive, enabling authorities to criminalize legitimate expression and restrict media freedom.
This is not the first time the Nigerian government has faced criticism for its handling of cybercrime laws. In 2022, the ECOWAS Court ruled that Section 24 of the original Cybercrimes Act 2015 was ” arbitrary, vague, and repressive. ” The court ordered Nigeria to repeal the provision to comply with its human rights obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Despite the repeal of Section 24, SERAP argues that the reworded provisions of the Cybercrimes (Amendment) Act 2024 still violate the rights to freedom of expression and information. The organization points to the ambiguity of the legislation, particularly in Section 24(1)(b), which refers to ” causing a breakdown of law and order” without providing clear definitions or guidelines.