Foreign diplomats in Nigeria representing the United States of America, the United Kingdom, and a few other countries have expressed concerns over Nigeria’s Cybersecurity (Prohibition, Prevention, etc) Act, saying it could stifle free expression and innovation in the country.
The diplomats, Richard Mills, Jr. (U.S. Embassy), Richard Montgomery (British High Commission), Sanna Selin (Embassy of Finland), Svein Baera (Embassy of Norway), and Pasquale Salvaggio (Canadian High Commission), express this concern in a joint statement issued in Abuja to mark Nigeria’s Democracy Day on June 12.
While congratulating Nigerians for sustaining democratic governance for 26 years, they highlighted the need to protect the foundational freedoms that support democracy and economic prosperity.
“Free expression has been the core value of Nigeria’s democracy. Nigeria’s constitution enshrines the right to freedom of expression to protect citizens’ rights and foster a society where ideas can be freely debated,” the statement read.
Cybercrime Act misuse
While they acknowledged the Act’s objective of combating online fraud and cyberattacks, they warned that the Act, originally enacted in 2015 and amended in 2024, is increasingly being misused to suppress dissent.
- Citing an April 2024 advisory opinion from Nigeria’s National Human Rights Commission (NHRC), the envoys noted that the Act has been applied to target activists, journalists, bloggers, and ordinary citizens—undermining constitutional rights and democratic engagement.
- They also pointed to a 2022 ruling by the ECOWAS Community Court of Justice, which found the Act inconsistent with Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
- According to the envoys, this misuse poses risks beyond civil liberties. It also threatens investor confidence and Nigeria’s ability to compete in the digital economy.
“The vague provisions of the Cybercrimes Act contribute to legal uncertainty, making it difficult for businesses and investors to assess regulatory risk. This hampers growth in sectors that depend on digital content and innovation,” they said.
The need for a review
The diplomats urged the Nigerian government to work with the National Assembly and other stakeholders to review and amend the Act, ensuring it balances the need for security with the protection of fundamental rights.
They acknowledged the challenge of maintaining this balance but stressed that doing so is essential for Nigeria’s future as a stable democracy and an investment destination.
“Reforming the Cybercrimes Act is not only about free speech—it’s about creating the right environment for innovation, job creation, and economic development,” they added.
They also noted ongoing technical support Nigeria is receiving through the Council of Europe’s Global Action on Cybercrime project, which aims to align national laws with international standards.
However, the envoys lamented the repeated delays in the legislative review process and called on lawmakers to prioritize the reform and ensure the process is transparent and inclusive.
“Democracies around the world are grappling with similar challenges in the digital age. We urge Nigeria to seize this opportunity to lead by example in ensuring both security and freedom thrive together,” they said.
What you should know
Last month, the Socio-Economic Rights and Accountability Project (SERAP) had also called on President Bola Tinubu to urgently halt the use of the controversial Cybercrimes Act to harass and detain journalists, critics, and citizens exercising their right to free expression online.
- SERAP described the enforcement of the Cybercrimes Act, particularly provisions that criminalize ‘insult’ and so-called ‘cyberstalking,’ as repressive tools used by state agents to stifle dissent and suppress press freedom.
- SERAP stated that it was seriously concerned about the continuing use of vaguely worded provisions of the Cybercrimes Act to intimidate and criminalize individuals who hold critical opinions or expose public sector corruption.
- The organization maintained that the arrest and detention of journalists, bloggers, and social media users under the guise of ‘cyberstalking’ or ‘defamation’ violates the fundamental rights to freedom of expression and access to information as enshrined in Section 39 of the 1999 Constitution (as amended), and Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Nigeria is a party.
