Foreign diplomats from five major Western nations have raised serious concerns over Nigeria’s Cybercrime Act, warning that the legislation is increasingly being weaponised to stifle dissent, suppress free expression, and erode democratic freedoms.
In a joint statement issued on Nigeria’s Democracy Day in Abuja, representatives from the United States, United Kingdom, Canada, Finland, and Norway cautioned that while cyberspace regulation is vital, it must not come at the expense of fundamental human rights.
The envoys—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)—criticised the amended Cybercrimes (Prohibition, Prevention, etc) Act as a growing threat to press freedom, free expression, and investor confidence.
“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 diplomats stated.
Originally enacted in 2015 and amended in 2024 to reflect evolving digital realities, the Cybercrime Act has faced backlash for vague provisions that have reportedly been used to target journalists, bloggers, and critics through charges such as cyberstalking and defamation.
The National Human Rights Commission (NHRC), in an April advisory, warned that state actors were increasingly using the Act to intimidate activists and media professionals—an allegation supported by data from the Committee to Protect Journalists (CPJ), which revealed that at least 29 journalists have been prosecuted under the law.
Concerns were further validated in 2022 when the ECOWAS Court of Justice ruled that aspects of the Act were inconsistent with Nigeria’s international human rights obligations.
Beyond its democratic implications, the diplomats also warned of economic risks, noting that “the vague provisions of the Cybercrime Act contribute to legal uncertainty, making it difficult for businesses and investors to assess regulatory risk.”
This uncertainty, they argued, threatens Nigeria’s ambitions to become a regional tech hub and undermines investor trust in its digital economy. The Nigerian Communications Commission (NCC) has pegged annual cybercrime-related losses at $500 million—highlighting the need for regulation, but not at the cost of rights and economic growth.
While reform efforts are ongoing, including support from the Council of Europe’s Global Action on Cybercrime (GLACY+) initiative, progress has been slow. Minister of Information Mohammed Idris has pledged to work with lawmakers on a review, but legislative traction has yet to materialize.
Civil society organisations have also intensified pressure. The Socio-Economic Rights and Accountability Project (SERAP) has repeatedly urged President Bola Tinubu to intervene, calling the continued misuse of the Act “repressive and unlawful.”
“The continuing use of vaguely worded provisions of the Cybercrimes Act to intimidate and criminalise individuals who hold critical opinions or expose public sector corruption is repressive and unlawful,” SERAP said in a recent statement.
The group argues that these actions violate Section 39 of Nigeria’s 1999 Constitution and Article 19 of the International Covenant on Civil and Political Rights.
As Nigeria aspires to build a robust digital economy and solidify its democratic values, stakeholders warn that its handling of digital rights could be a defining factor. The call from both domestic and international actors is clear: protect rights, reform the law, and ensure that security and freedom are not mutually exclusive.
“Democracies around the world are grappling with similar challenges in the digital age. We urge Nigeria to lead by example—ensuring both security and civil liberties can thrive together,” the statement concluded.
