SERAP Charges President, Governors to ECOWAS Court over Misuse of Cybercrimes Act

By Yemi Akinsuyi

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu and Nigeria’s 36 governors over the repressive use of the Cybercrimes (Amendment) Act 2024 to criminalize legitimate expression and violate the human rights of Nigerians, including activists, journalists, bloggers and social media users.

Relatednews

NDLEA Recovers 7.6m Tramadol Pills, 76,273kg Colorado, Skunk

Ike Advocates United Action to End Gender-Based, Digital Violence Against Women

Anambra poll: Observers, CSOs applaud INEC’s transparency, commend Amupitan’s leadership …praise security agencies for professionalism amid violence-free exercise International observers and civil society organisations have lauded the Independent National Electoral Commission (INEC) for the transparent, efficient, and peaceful conduct of the ongoing Anambra State Governorship Election, describing it as very orderly and credible polls. Reports from accredited observer groups, monitored in the INEC Situation Room by the Chief Press Secretary to the INEC Chairman, Mr Dayo Oketola, indicated smooth operations, improved voter turnout compared to 2021, and a calm atmosphere across polling units. Both local and international monitors commended INEC’s logistical coordination and effective deployment of technology under the leadership of its Chairman, Professor Joash Ojo Amupitan, SAN. Ambassador Dr. Emmanuel Nkweke of the International Association of World Peace Advocates, one of the accredited international observer groups, praised INEC’s preparedness and professionalism, noting that voting materials, BVAS deployment, and the presence of security agencies were “exceptionally well coordinated.” “The process has been peaceful and well-managed. Accreditation is smooth, BVAS is functioning as expected, and INEC officials are courteous and efficient,” Dr. Nkweke said while monitoring polling units in Awka. He also lauded the conduct of security agencies, saying, “The environment is calm and secure. We observed up to seven police officers at some units, and their conduct has been exemplary. The collaboration among the security agencies deserves commendation.” On allegations of vote buying, he noted, “We have not seen anything like that in the areas observed. As international observers, we report what we see, not rumours. So far, this election has been peaceful and credible.” CSOs commend INEC, praise early deployment and peaceful conduct Civil society organisations have also commended INEC for what they described as a transparent, well-coordinated, and timely process. Ms. Cynthia Mbamalu, Director of Programmes at Yiaga Africa, applauded the early arrival of materials and personnel, noting that voting commenced on schedule. “Our observers were up early in the morning to monitor arrival times, and we saw that materials and INEC officials arrived as early as 7:34 a.m. in Amawbia, Awka South,” she said. “Commencement of voting by 8:30 a.m., as stipulated by the Electoral Act, shows a high level of readiness and efficiency by INEC.” Mbamalu described the early deployment as a “positive sign of transparent elections,” adding that Yiaga Africa prioritised the early start of polling as a key benchmark of credibility. Similarly, Hon. Dominic Okafor, who represents Aguata Federal Constituency, commended both INEC and voters for the smooth and peaceful conduct of the election after casting his vote at Polling Unit 004, Umuechefu Hall, Igboukwu. “I must commend the INEC Chairman and his team. The officials arrived on time, the BVAS is functioning properly, and the process has been seamless so far,” he said. “Voters are conducting themselves peacefully and participation is impressive.” Also speaking to newsmen, Shedrack Azubuike, Chairman of Orumba South Local Government Area, praised INEC officials for their professionalism and efficient handling of materials and personnel. “The election is peaceful and well-organised. The officials are efficient, and the people are turning out responsibly to exercise their civic duties. This is how democracy should work,” he said. While speaking to Channels Television, Jake Epelle, Founder of TAF Africa, affirmed that the overall security atmosphere in the state was calm, describing Anambra people as peace-loving and self-protective. “The security situation is not something to worry about. Everyone wants to ensure they don’t shed their own blood, so they find ways to secure themselves,” Epelle said, urging citizens to overcome apathy and participate fully in the process. Record PVC collection demonstrates INEC’s preparedness Observers have linked the smooth conduct of the election to INEC’s extensive pre-election preparations. The Commission achieved a record 98.8% Permanent Voter Card (PVC) collection rate, reflecting exceptional voter readiness and growing public confidence in the electoral process. Out of 2,802,790 registered voters, an impressive 2,769,137 collected their PVCs, a feat made possible by decentralised, community-level distribution and a five-day extension from October 29 to November 2, 2025. In many locations, including Ugbene (Awka North), Alor I, Bridge Head II, Ogbunike I & II, and Umunya I & II, INEC recorded 100% collection rates. Rural and riverine communities such as Ayamelum and Anambra West also achieved over 99% despite difficult terrain. Observers noted that the figures demonstrated INEC’s administrative efficiency and growing trust under Prof. Amupitan’s leadership. Renewed confidence in INEC’s leadership INEC Chairman, Professor Joash Ojo Amupitan, SAN, reaffirmed the Commission’s unwavering commitment to credible and inclusive elections, expressing satisfaction with the peaceful atmosphere across the state. “Our duty is to the Nigerian people. INEC is committed to ensuring that every valid vote counts and that the process remains credible, transparent, and peaceful,” the Chairman said. With reports of seamless operations, strong security coordination, and near-total PVC collection, both domestic and international observers have described the Anambra Governorship Election as a milestone in Nigeria’s democratic journey and a clear testament to the renewed confidence in INEC’s leadership and electoral integrity. E-Signed: Mr. Dayo Oketola Chief Press Secretary to the Hon. Chairman, Independent National Electoral Commission.

The ECOWAS Court had in its judgment dated 25 March, 2022 ordered Nigerian authorities to stop using section 24 of the Cybercrime Act 2015 to prosecute anyone on the grounds of insulting or stalking public officials online.

The Court declared section 24 as “arbitrary, vague and repressive” and ordered Nigerian authorities “to repeal it in conformity with the country’s human rights obligations.” But while the Cybercrime (Amendment) Act 2024 has repealed section 24, it has not cured the arbitrary, vague and repressive nature of the provisions.

In the suit no: ECW/CCJ/APP/03/2025 filed last week before the ECOWAS Community Court of Justice in Abuja, SERAP is challenging the legality and compatibility of the provisions of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 with the rights to freedom of expression and information.

SERAP said 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.

According to SERAP, what constitutes ‘causing a breakdown of law and order’ in section 24(1)(b) of the amended legislation is unclear and undefined, threatening to punish peaceful and legitimate expression and opening the provisions up to abuse.

SERAP also said rather than using the amended legislation to make cyberspace and its users safer, Nigerian authorities are routinely weaponizing it to curb Nigerians’ human rights and media freedom.

SERAP is arguing that the Cybercrime (Amendment) Act 2024, in addition to its arbitrary, vague and repressive section 24 provisions, broadly defines ‘cyberstalking’ in section 58 as ‘a course of conduct, directed at a specific person that would cause a reasonable person to feel fear.

SERAP is also arguing that the provisions of the Cybercrimes (Amendment) Act 2024 represents a harshly punitive attempt to address the problems relating to stalking and harassment and fails to provide sufficient safeguards against misuse, particularly for peaceful and legitimate exercise of human rights.

SERAP is arguing that the use of section 24 of the Cybercrime (Amendment) Act 2024 to harass those who are deemed critical of the government directly threatens the staff, members and supporters of SERAP, particularly given the nature of the organization’s advocacy for human rights.

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Mrs Adelanke Aremo and Andrew Nwankwo, read in part: “The amended legislation is abused to threaten and stifle people’s human rights and livelihoods.

“The vague, arbitrary, and repressive provisions on ‘cyberstalking’ in section 24 of the Cybercrime (Amendment) Act 2024 are routinely abused to suppress factual reports by activists, journalists, bloggers and social media users, thereby leaving a chilling effect on human rights and media freedom.

“Nigerian authorities not only have a negative obligation to abstain from unduly interfering with human rights and media freedom but also have a positive obligation to facilitate and protect these rights.

“Freedom of expression is a fundamental human right and full enjoyment of this right is central to achieving individual freedom and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society.

“Whether labelled as cyberstalking, criminal defamation, seditious libel of government officials or false news, the provisions of section 24 of the Cybercrime (Amendment) Act 2024 disproportionately penalize the accused and inevitably limits protected public discussion and debate on matters of legitimate public concern.

“The ECOWAS Court had on 25 March 2022 ruled that section 24 of the Cybercrime Act 2015 is arbitrary, vague and repressive and therefore, is in contravention of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.

“The Court also ordered the Federal Republic of Nigeria to amend Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 in accordance with its obligations under Article 1 of the African Charter on Human and Peoples’ Rights.

“The National Assembly amended section 24 and other provisions of the Cybercrime 2015 in 2024 but the new Cybercrime (Amendment) Act, 2024 still criminalizes ‘cyberstalking’. The provisions remain vague, arbitrary, and frequently misused by Nigerian authorities to crackdown on human rights.

“Since the amendment of the Cybercrime Act in 2024, Nigerian authorities at all levels have consistently used the provisions of the Cybercrime Act to harass, intimidate, arbitrarily arrest and detain and unfairly prosecute users of social media, activists, journalists, and bloggers solely for the peaceful exercise of their rights.

“Stories published online have been deemed ‘offensive’, ‘obstructive’, ‘insulting’ or ‘annoying’ with actionable consequences under provisions of section 24 of the Cybercrime (Amendment) Act 2024 even when the stories are true and factual.

“According to the 2023 and 2024 Freedom House Reports on Nigeria, internet freedom of expression declined due to an unprecedented pattern of arbitrary arrests and detention of bloggers after the enactment of the Cybercrime (Amendment) Act 2024.

“There are several reports on the recent abusive use of the arbitrary, vague and repressive provisions of section 24 of the Cybercrimes (Amendment) Act 2024.

“For example, the police filed ‘cybercrime charges’ against activist Dele Farotimi under the arbitrary, vague and repressive provisions of the Cybercrimes (Amendment) Act 2024.

“Journalist Agba Jalingo of the Cross River Watch Newspaper was charged with ‘cyberstalking’ over a report that a relative of a former governor of Cross River State had engaged someone to sit for law exams on her behalf.

“Chioma Okoli was arrested following her comment on Facebook complaining about the sugar content of Nagiko tomato mix. Funke Adeoye was also reportedly summoned by the police for alleged cyberbullying due to a statement she shared on her X account.

“The Nigeria police also reportedly re-arraigned four bloggers on fresh charges of alleged cyberstalking. The police also arrested ‘a famous singer’ for alleged cyberstalking and harassing Benin Crown Prince.

“The provisions of the amended legislation are inconsistent with international human rights law, which requires any regulation of freedom of expression to be necessary for a legitimate purpose and to be strictly proportionate to that end.”

SERAP is therefore asking the ECOWAS Court of Justice for the following reliefs: A DECLARATION that the provisions of section 24 of the Cybercrime (Prohibition Prevention, ETC) (Amendment) Act 2024 are unlawful, inconsistent and incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights.

A DECLARATION that the actions of the Defendant and its law enforcement agencies in arbitrarily applying and enforcing section 24 of the Cybercrime (Prohibition, Prevention, ETC) (Amendment) Act 2024 to harass, intimidate, arrest, detain, unfairly prosecute and imprison journalists, bloggers, social media users, and other Nigerians threaten and/or violate the rights to freedom of expression, information, opinion, privacy and media freedom, guaranteed under the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.

AN ORDER directing the Defendant to immediately repeal and/or amend section 24 of the Cybercrime (Prohibition, Prevention, ETC) (Amendment) Act 2024 in line with Nigeria’s obligations under Article 1 of the African Charter on Human and Peoples’ Rights and other relevant human rights treaties.
SUCH FURTHER orders the Honorable Court may deem fit to make in the circumstances of this suit.

No date has been fixed for the hearing of the suit.