The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu and Nigeria’s 36 state governors at the Economic Community of West African States (ECOWAS) Community Court of Justice.
The suit with suit no. ECW/CCJ/APP/03/2025 is challenging the alleged misuse of the Cybercrimes (Amendment) Act 2024.
SERAP claimed that the Act was being used to suppress free expression and violate the human rights of Nigerians, including activists, journalists, bloggers, and social media users.
The ECOWAS Court had, in a judgment dated March 25, 2022, declared Section 24 of the Cybercrime Act 2015 “arbitrary, vague, and repressive” and ordered its repeal to align with Nigeria’s human rights obligations.
Although Section 24 was repealed in the 2024 amendment, SERAP argued that the provisions of the new Cybercrimes Act remain vague and repressive, allowing authorities to criminalize legitimate expression.
READ ALSO: SERAP sues Tinubu over hike in petrol price
SERAP’s case seeks to assess the compatibility of the amended legislation with the rights to freedom of expression and information.
The organisation’s lawyers, Kolawole Oluwadare, Adelanke Aremo, and Andrew Nwankwo, submitted the case on behalf of SERAP.
According to SERAP, the amended act continues to pose a threat to free speech. The provision in Section 24(1)(b), which penalizes conduct deemed to cause a “breakdown of law and order,” is criticised as being undefined and open to abuse.
Additionally, Section 58, which broadly defines cyberstalking as any conduct that causes a reasonable person to feel fear, is described as punitive and lacking safeguards against misuse.
SERAP cited several cases of alleged misuse of the legislation, including the arrest of activist Dele Farotimi, journalist Agba Jalingo, and Facebook user Chioma Okoli, all of whom faced charges under the amended law for peaceful expressions.
The group also noted reports of harassment and prosecution of bloggers and social media users by law enforcement.
The organisation contends that the legislation disproportionately punishes individuals and suppresses public debate, thereby violating Nigeria’s obligations under international human rights laws, including Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
SERAP is seeking a declaration from the ECOWAS Court that the provisions of the Cybercrimes (Amendment) Act 2024 are unlawful and incompatible with Nigeria’s human rights commitments.
READ ALSO: DSS sues SERAP for N5.5bn over alleged defamation
It is also requesting an order for the repeal or amendment of the controversial sections of the act to align with international standards.
As of press time, the court has yet to fix a date for the hearing of the case.
