The Socio-Financial Rights and Duty Mission has filed a lawsuit in opposition to President Bola Tinubu’s management and Nigeria’s 36 shape governors on the ECOWAS Society Courtroom of Justice in Abuja.
The swimsuit demanding situations the alleged misspend of the Cybercrimes (Modification) Work 2024 to repress independence of resonance and violate human rights, in particular the ones of activists, newshounds, bloggers, and social media customers.
In a remark issued on 12 January 2025, SERAP’s Deputy Director, Kolawole Oluwadare, defined that the provisions of the amended Work stay unclear, arbitrary, and repressive, enabling government to criminalise official resonance and prohibit media independence.
“The provisions of the Cybercrimes (Modification) Work 2024 have opened the door to criminalising official resonance and punishing activists, newshounds, bloggers, and social media customers.
“This is a harshly punitive approach that fails to provide safeguards against misuse, particularly for the peaceful and legitimate exercise of human rights,” the SERAP remark learn.
Background and Criminal Context
The ECOWAS Courtroom dominated on March 25, 2022, that Division 24 of the actual Cybercrimes Work 2015 was once “arbitrary, vague, and repressive.”
The Courtroom ordered Nigeria to repeal the availability to agree to its human rights tasks underneath the African Constitution on Human and Peoples’ Rights and the Global Covenant on Civil and Political Rights.
Even though the Cybercrimes (Modification) Work 2024 repealed Division 24, SERAP argues that the reworded provisions nonetheless violate the rights to independence of resonance and knowledge.
“What constitutes ‘causing a breakdown of law and order’ in Section 24(1)(b) of the amended legislation is unclear and undefined,” SERAP mentioned in its court docket submitting.
“This ambiguity threatens to punish peaceful and legitimate expression and opens the provisions to abuse.”
Allegations of Misspend
SERAP’s remark highlighted diverse cases of alleged misspend of the legislation to focus on folks essential of the federal government.
- Activist Dele Farotimi confronted cybercrime fees underneath the amended Work.
- Journalist Agba Jalingo was once charged with cyberstalking upcoming reporting {that a} relative of a former Move River governor in demand somebody to take a seat for her legislation checks.
- Social media person Chioma Okoli was once arrested for commenting at the sugar content material of a tomato combine emblem.
- The police reportedly re-arraigned 4 bloggers and arrested a usual singer for allegedly harassing the Benin Crown Prince.
“The amended legislation is routinely abused to stifle factual reports by activists, journalists, bloggers, and social media users, leaving a chilling effect on human rights and media freedom,” Oluwadare added.
Global Human Rights Requirements
SERAP wired that the amended Work is inconsistent with global human rights legislation, which calls for restrictions on independence of resonance to grant a valid function and be strictly proportionate.
“Freedom of expression is the cornerstone of democracy and indispensable to a thriving civil society. Nigerian authorities must not only refrain from unduly interfering with human rights but also actively facilitate and protect these rights,” the remark learn.
SERAP’s Calls for
Within the swimsuit, filed via SERAP’s criminal crew of Kolawole Oluwadare, Mrs Adelanke Aremo, and Andrew Nwankwo, the organisation seeks a number of condolences, together with: a declaration that Division 24 of the Cybercrimes (Modification) Work 2024 is illegal and inconsistent with Nigeria’s human rights tasks; and an line directing the federal government to repeal or amend the regulation in compliance with global requirements.
“No date has been fixed for the hearing of the suit,” the remark mentioned.