The Socio-Financial Rights and Accountability Undertaking has filed a lawsuit in opposition to President Bola Tinubu’s administration and Nigeria’s 36 state governors on the ECOWAS Group Courtroom of Justice in Abuja.
The swimsuit challenges the alleged misuse of the Cybercrimes (Modification) Act 2024 to suppress freedom of expression and violate human rights, significantly these of activists, journalists, bloggers, and social media customers.
In a press release issued on 12 January 2025, SERAP’s Deputy Director, Kolawole Oluwadare, defined that the provisions of the amended Act stay obscure, arbitrary, and repressive, enabling authorities to criminalise legit expression and limit media freedom.
“The provisions of the Cybercrimes (Modification) Act 2024 have opened the door to criminalising legit expression and punishing activists, journalists, bloggers, and social media customers.
“It is a harshly punitive method that fails to offer safeguards in opposition to misuse, significantly for the peaceable and bonafide train of human rights,” the SERAP assertion learn.
Background and Authorized Context
The ECOWAS Courtroom dominated on March 25, 2022, that Part 24 of the unique Cybercrimes Act 2015 was “arbitrary, obscure, and repressive.”
The Courtroom ordered Nigeria to repeal the supply to adjust to its human rights obligations below the African Constitution on Human and Peoples’ Rights and the Worldwide Covenant on Civil and Political Rights.
Though the Cybercrimes (Modification) Act 2024 repealed Part 24, SERAP argues that the reworded provisions nonetheless violate the rights to freedom of expression and knowledge.
“What constitutes ‘inflicting a breakdown of legislation and order’ in Part 24(1)(b) of the amended laws is unclear and undefined,” SERAP acknowledged in its court docket submitting.
“This ambiguity threatens to punish peaceable and bonafide expression and opens the provisions to abuse.”
Allegations of Misuse
SERAP’s assertion highlighted quite a few situations of alleged misuse of the legislation to focus on people important of the federal government.
- Activist Dele Farotimi confronted cybercrime costs below the amended Act.
- Journalist Agba Jalingo was charged with cyberstalking after reporting {that a} relative of a former Cross River governor engaged somebody to sit down for her legislation exams.
- Social media person Chioma Okoli was arrested for commenting on the sugar content material of a tomato combine model.
- The police reportedly re-arraigned 4 bloggers and arrested a preferred singer for allegedly harassing the Benin Crown Prince.
“The amended laws is routinely abused to stifle factual experiences by activists, journalists, bloggers, and social media customers, leaving a chilling impact on human rights and media freedom,” Oluwadare added.
Worldwide Human Rights Requirements
SERAP burdened that the amended Act is inconsistent with worldwide human rights legislation, which requires restrictions on freedom of expression to serve a legit goal and be strictly proportionate.
“Freedom of expression is the cornerstone of democracy and indispensable to a thriving civil society. Nigerian authorities should not solely chorus from unduly interfering with human rights but in addition actively facilitate and shield these rights,” the assertion learn.
SERAP’s Calls for
Within the swimsuit, filed by SERAP’s authorized group of Kolawole Oluwadare, Mrs Adelanke Aremo, and Andrew Nwankwo, the organisation seeks a number of reliefs, together with: a declaration that Part 24 of the Cybercrimes (Modification) Act 2024 is illegal and inconsistent with Nigeria’s human rights obligations; and an order directing the federal government to repeal or amend the laws in compliance with worldwide requirements.
“No date has been mounted for the listening to of the swimsuit,” the assertion acknowledged.