SERAP Takes Legal Action Against Tinubu and Governors Over Alleged Abuse of Cybercrimes Law

The Socio-Economic Rights and Accountability Project (SERAP) has filed a landmark lawsuit against President Bola Tinubu’s administration and Nigeria’s 36 state governors, challenging the alleged misuse of the recently amended Cybercrimes (Amendment) Act 2024. The lawsuit, which was lodged at the ECOWAS Community Court of Justice in Abuja, claims that the Act is being used to suppress freedom of expression and violate human rights, particularly those of journalists, activists, bloggers, and social media users.

In a statement issued on January 12, 2025, SERAP’s Deputy Director, Kolawole Oluwadare, voiced concerns about the vagueness and repressive nature of the amended Act, which critics argue allows authorities to criminalize legitimate expression and stifle media freedom. “The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalizing legitimate expression and punishing activists, journalists, bloggers, and social media users,” Oluwadare said.

According to SERAP, the Act’s provisions are overly broad and arbitrary, creating an environment where authorities can target individuals simply for exercising their rights to free speech. “This is a harshly punitive approach that fails to provide safeguards against misuse, particularly for the peaceful and legitimate exercise of human rights,” the organization’s statement reads.

This lawsuit follows a previous ruling by the ECOWAS Court on March 25, 2022, which found Section 24 of the original 2015 Cybercrimes Act to be “arbitrary, vague, and repressive.” The court ordered Nigeria to repeal the provision to align with its human rights obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. While the 2024 amendment repealed Section 24, SERAP argues that the new provisions still infringe upon the right to freedom of expression and information.

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One particularly concerning aspect of the amended Act, according to SERAP, is the vague language surrounding “causing a breakdown of law and order” in Section 24(1)(b), which they argue is open to interpretation and abuse. “What constitutes ‘causing a breakdown of law and order’ is unclear and undefined,” the statement said, noting that this ambiguity could lead to the punishment of peaceful and legitimate expression.

SERAP also highlighted several instances where the amended Act has allegedly been misused to target individuals critical of the government. Among the cases mentioned:

• Activist Dele Farotimi faced charges under the new law.
• Journalist Agba Jalingo was charged with cyberstalking after reporting on an alleged exam fraud involving a relative of a former Cross River governor.
• Social media user Chioma Okoli was arrested for commenting on the sugar content of a popular tomato mix.
• Four bloggers were reportedly re-arraigned, and a popular singer arrested for allegedly harassing the Benin Crown Prince.

These cases, SERAP argues, demonstrate how the amended law is being used to stifle factual reporting and create a chilling effect on free speech.

SERAP contends that the amended law is inconsistent with international human rights standards, which require any restrictions on freedom of expression to serve a legitimate purpose and be proportionate. “Freedom of expression is the cornerstone of democracy and indispensable to a thriving civil society,” SERAP emphasized. “Nigerian authorities must not only refrain from unduly interfering with human rights but also actively facilitate and protect these rights.”

In its suit, SERAP is calling for several key actions, including:

• A declaration that Section 24 of the Cybercrimes (Amendment) Act 2024 is unlawful and inconsistent with Nigeria’s human rights obligations.
• An order directing the government to repeal or amend the legislation to bring it into compliance with international standards.

No date has yet been set for the hearing of the suit.