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Home Business Security

SERAP Accuses Tinubu’s Government of Cybercrime Act Misuse

…Heads to ECOWAS Court

by Staff Writer
January 13, 2025
in Security
0
Cybercrime Act 2015
Cybercrime Act [Nigeria]

Cybercrime Act [Nigeria]

UBA
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The Socio-Economic Rights and Accountability Project (SERAP), a Lagos-based non-governmental organisation, 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 criminalise le­gitimate expression and violate the human rights of Nigerians, including activists, journalists, bloggers and social media users.

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President Bola Tinubu

Recall the ECOWAS Court had in its judgment dated March 25, 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 criminalising legitimate expression and punishing ac­tivists, journalists, bloggers and social media users.”

“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.

“Rather than using the amend­ed legislation to make cyberspace and its users safer, Nigerian au­thorities are routinely weaponising it to curb Nigerians’ human rights and media freedom.

“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.’

“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.

“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, also reads: “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 penalise the accused and inevitably limits protected public discussion and debate on matters of legitimate public concern.

“The ECOWAS Court had on March 25, 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 criminalises ‘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.”

However, no date has been fixed for the hearing of the suit.

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