The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and the 36 state governors, alleging misuse of the Cybercrimes (Amendment) Act 2024 to suppress free speech in Nigeria.
Filed under suit number ECW/CCJ/APP/03/2025 at the ECOWAS Community Court of Justice in Abuja, the lawsuit challenges provisions in the amended law, claiming they infringe on Nigerians’ rights, including activists, journalists, bloggers, and social media users.
The case follows a 2022 ECOWAS Court ruling that declared Section 24 of the original Cybercrime Act 2015 as “arbitrary, vague, and repressive,” mandating its repeal. Although the 2024 amendment removed the criticized section, SERAP argues that the law remains problematic. The group highlights ambiguities in terms like “cyberstalking,” which it says can be exploited to target peaceful expression.
Section 24(1)(b) of the 2024 Act, for instance, criminalizes actions causing a “breakdown of law and order” without clearly defining the term. SERAP contends that such vague language enables misuse, citing examples of harassment and arrests under the law. Activist Dele Farotimi and journalist Agba Jalingo are among those charged for alleged “cyberstalking,” while others have been detained over social media posts criticizing product quality or engaging in online debates.
The organization asserts that the law violates international human rights obligations, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. It is seeking a court declaration that the amended law is unlawful, demanding its repeal or further revision to align with global human rights standards.
SERAP also seeks an order compelling the government to protect freedoms of expression, media rights, and access to information, which it describes as cornerstones of democracy and civil society.
The ECOWAS Court has yet to announce a hearing date for the case.
