In a significant legal move, the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu and Nigeria’s 36 state governors at the ECOWAS Community Court of Justice in Abuja. This action comes as a response to allegations of the misuse of the Cybercrimes (Amendment) Act 2024, which, according to SERAP, has been employed to criminalize legitimate expressions and infringe upon the human rights of Nigerians, including activists, journalists, bloggers, and social media users.
The lawsuit, filed under suit no: ECW/CCJ/APP/03/2025, is spearheaded by SERAP’s Deputy Director, Kolawole Oluwadare. It specifically targets the ambiguous provisions within Section 24(1)(b) of the new amendment, which criminalizes actions that could be interpreted as causing a “breakdown of law and order.” Critics argue that this vagueness leaves the law open to abuse, potentially stifling free speech and peaceful expression.
SERAP’s contention is that the amended Cybercrimes Act, rather than enhancing online safety, has been weaponized to curb human rights and media freedom. The organization has highlighted several instances where the law appears to have been misapplied, including the cases against activist Dele Farotimi, journalist Agba Jalingo, and social media user Chioma Okoli. These incidents suggest a pattern where critics of the government are being targeted under the guise of cybercrime legislation.
The lawsuit seeks several judicial reliefs, including a declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations. SERAP also requests an order directing the government to repeal or amend the legislation to align with international human rights standards.
This legal battle is not the first instance where the Cybercrimes Act has been contested. Previously, in 2022, the ECOWAS Court had ordered Nigerian authorities to stop using Section 24 of the 2015 version of the Act to prosecute individuals for online criticism of public officials, labeling it “arbitrary, vague, and repressive.” Despite the subsequent amendment, SERAP argues that the core issues remain unaddressed, with the revised law still posing risks to freedom of expression.
The case has ignited debates on social media and among civil society groups, with many expressing concern over the implications for democracy and civil liberties in Nigeria. There’s a growing call for clearer legal frameworks that protect rather than punish free speech.
While a hearing date has yet to be set, this lawsuit marks a pivotal moment in the ongoing discourse about the balance between cyber security and civil liberties in Nigeria. As the case progresses, it will be closely watched by national and international observers for its potential to reshape the application of cybercrime laws across the region.
