The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and the 36 state governors of Nigeria, challenging the alleged misuse of the Cybercrimes (Amendment) Act 2024.
According to reports, the lawsuit claims the law suppresses free speech and infringes on the rights of Nigerians, including activists, journalists, bloggers, and social media users.
This action comes after a 2022 ECOWAS Court judgment that declared Section 24 of the Cybercrime Act 2015 as “arbitrary, vague, and repressive” and directed the Nigerian government to repeal it to comply with international human rights standards.
Bola Ahmed Tinubu
While the amended 2024 Act removed Section 24, SERAP argues that the law remains flawed, citing provisions that could still be used to suppress free expression.
The lawsuit, filed under suit number ECW/CCJ/APP/03/2025 at the ECOWAS Community Court of Justice in Abuja, highlights concerns over ambiguities in the amended law. Specifically, SERAP contends that terms like “cyberstalking” are broadly defined, leaving the law open to abuse. For example, Section 24(1)(b) criminalizes actions causing a “breakdown of law and order” without providing clear definitions, potentially stifling peaceful and legitimate expression.
SERAP alleges that the law has been weaponized to target critics, citing instances where activists, journalists, and social media users faced harassment, arrests, and charges under its provisions. Notable examples include activist Dele Farotimi and journalist Agba Jalingo, both accused of “cyberstalking.” Others have been arrested for social media posts criticizing product quality or alleged cyberbullying.
The organization asserts that the legislation violates Nigeria’s international human rights obligations, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. SERAP is asking the court to declare Section 24 of the 2024 Act unlawful, order its repeal or amendment, and mandate the government to align the law with international human rights standards.
Additionally, the lawsuit seeks a declaration that the government’s enforcement of the law violates freedoms of expression, access to information, and media rights. SERAP argues that protecting these rights is vital for democracy and the development of civil society.
The ECOWAS Court has not yet scheduled a hearing for the case.
