HomeCrime#SERAP Sues Tinubu, Governors at ECOWAS Court Over Alleged Misuse of Cybercrime...

#SERAP Sues Tinubu, Governors at ECOWAS Court Over Alleged Misuse of Cybercrime Law

The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against President Bola Tinubu’s administration and Nigeria’s 36 state governors at the ECOWAS Community Court of Justice in Abuja. The lawsuit challenges the alleged misuse of the Cybercrime (Amendment) Act 2024 to suppress legitimate expression and infringe on the rights of activists, journalists, bloggers, and social media users.

Background and Previous ECOWAS Ruling

In a landmark ruling on March 25, 2022, the ECOWAS Court declared Section 24 of the Cybercrime Act 2015 “arbitrary, vague, and repressive,” ordering its repeal in compliance with Nigeria’s human rights obligations. Despite this directive, SERAP contends that the amended Cybercrime (Amendment) Act 2024 retains provisions that remain vague and punitive, enabling authorities to stifle free speech.

Legal Concerns Over Amended Provisions

SERAP’s suit, filed as ECW/CCJ/APP/03/2025, argues that the revised legislation criminalizes legitimate expression under ambiguous terms, such as “causing a breakdown of law and order.” SERAP claims these provisions are frequently abused to target critics of the government, violating international human rights standards.

Specifically, the organization highlights:

  • The vague definition of “cyberstalking” in Section 58, which penalizes conduct that could cause a “reasonable person to feel fear.”
  • The misuse of Section 24 to harass activists, journalists, and social media users, effectively suppressing free expression and media freedom.
  • Cases where individuals have been arbitrarily arrested, detained, and prosecuted for factual reports or comments deemed offensive under the Act.

Examples of Alleged Abuse

SERAP cites incidents such as:

  • Activist Dele Farotimi charged under the Cybercrime Act’s provisions.
  • Journalist Agba Jalingo accused of “cyberstalking” for exposing alleged exam malpractice.
  • Facebook user Chioma Okoli arrested for criticizing a product’s sugar content.
  • Bloggers and artists facing charges for posts critical of public officials or institutions.

Reliefs Sought by SERAP

SERAP is urging the ECOWAS Court to:

  1. Declare Section 24 of the Cybercrime (Amendment) Act 2024 unlawful and incompatible with international human rights standards.
  2. Direct the Nigerian government to repeal or amend the provisions to align with its obligations under the African Charter on Human and Peoples’ Rights and other treaties.
  3. Stop the arbitrary enforcement of the Act against journalists, bloggers, and social media users.

Broader Implications

SERAP emphasized that freedom of expression is a cornerstone of democracy and civil society. The organization argues that the current legislation undermines these principles and has a chilling effect on public discourse and media freedom.

No date has been set for the hearing of the case.

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