Why was President Tinubu Charged to Court by ECOWAS?

President Bola Ahmed Tinubu’s administration, along with Nigeria’s 36 state governors, has been taken to court by the Socio-Economic Rights and Accountability Project (SERAP). The case is before the Economic Community of West African States (ECOWAS) Community Court of Justice in Abuja.

SERAP, a well-known non-governmental organization, claims that the government has been misusing the Cybercrimes (Amendment) Act 2024 to silence citizens. According to SERAP, this law is being used to target activists, journalists, bloggers, and social media users who peacefully express their opinions.

SERAP’s Concerns

In a statement, SERAP highlighted how the Cybercrimes Act, initially meant to make cyberspace safer, is now being “weaponized” to violate people’s rights. They argue that the law has led to:

• Intimidation and harassment of social media users.
• Arbitrary arrests and detentions.
• Unfair prosecution of individuals who share their thoughts online.

SERAP specifically mentioned Section 24 of the amended act, which criminalizes content deemed “offensive,” “insulting,” or “annoying.” The organization claims these terms are vague and often used against people even when their statements are factual and truthful.

Why this matters

Freedom of expression is a fundamental right, and SERAP believes the misuse of the Cybercrimes Act threatens this right. By filing this case, the NGO hopes to challenge the legality of the act and its compatibility with international human rights standards.

SERAP’s lawyers, Andrew Nwankwo and Adelanke Aremo, filed the suit on behalf of the organization. No date has been set yet for the hearing.

This is not the first time SERAP has taken legal action to protect human rights in Nigeria. They have previously challenged other government actions, including issues related to election malpractice and corruption.

With this case, SERAP aims to ensure that Nigerians can express themselves freely online without fear of harassment or legal consequences. The outcome of this lawsuit could have a significant impact on how digital rights and freedom of expression are upheld in Nigeria.