The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and the 36 state governors, accusing them of using the Cybercrimes (Amendment) Act 2024 to suppress free speech in Nigeria.
The case, filed under suit number ECW/CCJ/APP/03/2025 at the ECOWAS Community Court of Justice in Abuja, challenges provisions in the amended law that SERAP claims violate the rights of Nigerians, including activists, journalists, bloggers, and social media users.
This lawsuit comes in the wake of a 2022 ECOWAS Court ruling that declared Section 24 of the original Cybercrime Act 2015 as “arbitrary, vague, and repressive,” ordering its repeal.
Although the 2024 amendment removed the criticized section, SERAP argues that the law remains problematic, pointing to unclear terms like “cyberstalking,” which they believe can be misused to stifle free expression.
For example, Section 24(1)(b) of the amended Act criminalizes actions causing a “breakdown of law and order” without providing a clear definition. According to SERAP, such ambiguous language creates room for abuse, with instances of individuals being harassed or arrested under the law. Activist Dele Farotimi and journalist Agba Jalingo are among those charged with alleged “cyberstalking,” while others have faced detention over social media posts critical of products or public debates.
SERAP contends that the law breaches international human rights standards, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. The group is seeking a court declaration deeming the amended law unlawful and demanding its repeal or revision to ensure compliance with global human rights norms.
Additionally, SERAP is requesting an order compelling the government to safeguard freedom of expression, media rights, and access to information, which it emphasizes as essential pillars of democracy and civil society.
The ECOWAS Court has yet to schedule a hearing for the case.
