The Socio-Economic Rights and Accountability Project (SERAP) has filed a comprehensive lawsuit against President Bola Ahmed Tinubu’s administration, as well as the 36 state governors of Nigeria, over the alleged misuse of the Cybercrimes (Amendment) Act 2024. This legal action comes amid widespread concerns that the law infringes on fundamental human rights, including freedom of expression, and has been weaponized to silence dissenting voices in Nigeria.
According to reports, the lawsuit claims that the amended law suppresses free speech and violates the rights of Nigerians, including activists, journalists, bloggers, and social media users. SERAP asserts that the legislation contains vague and overly broad provisions that could be exploited to stifle legitimate criticism, peaceful dissent, and the free exchange of ideas, thereby undermining democratic values and accountability in governance.
This legal action follows a pivotal 2022 ECOWAS Court judgment that declared Section 24 of the Cybercrimes Act 2015 as “arbitrary, vague, and repressive.” In its ruling, the court directed the Nigerian government to repeal the provision to comply with international human rights standards. While the amended 2024 Act removed Section 24, SERAP argues that the law remains flawed and retains provisions that could still be used to suppress free expression and violate fundamental rights.
SERAP’s lawsuit, filed under suit number ECW/CCJ/APP/03/2025 at the ECOWAS Community Court of Justice in Abuja, outlines specific ambiguities in the amended law that raise significant concerns. One key issue is the broad definition of terms like “cyberstalking,” which SERAP contends leaves the law open to abuse. For example, Section 24(1)(b) of the Act criminalizes actions causing a “breakdown of law and order” without providing clear definitions or safeguards. This ambiguity, SERAP argues, creates a legal tool for targeting peaceful and legitimate expression under the guise of maintaining public order.
The organization has documented several instances where the law has allegedly been weaponized to target critics of the government. Prominent examples include activist Dele Farotimi and journalist Agba Jalingo, who were both accused of “cyberstalking.” In other cases, social media users have faced harassment, arrests, and criminal charges for posts criticizing product quality, government policies, or perceived cyberbullying. SERAP maintains that such enforcement practices violate Nigeria’s constitutional guarantees and international human rights obligations.
In its lawsuit, SERAP emphasizes that the Cybercrimes (Amendment) Act 2024 contravenes Nigeria’s international commitments, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. The organization is urging the ECOWAS Court to declare Section 24 of the 2024 Act unlawful and order its repeal or substantial amendment to bring it into full compliance with international human rights standards.
Additionally, SERAP is seeking a declaration that the government’s enforcement of the law constitutes a violation of the freedoms of expression, access to information, and media rights. The organization asserts that these rights are essential for fostering democracy, accountability, and the development of a vibrant civil society in Nigeria. According to SERAP, protecting these freedoms is critical to ensuring that citizens can engage in open discourse, hold leaders accountable, and contribute to national development.
The ECOWAS Court has not yet scheduled a hearing for the case, but the lawsuit has already sparked significant public debate and drawn attention to the broader issue of human rights in Nigeria. SERAP remains committed to pursuing justice and advocating for the protection of fundamental rights, urging the court to take swift action to address the concerns raised in the lawsuit.
