Crime
Cybercrimes Act Abuses: SERAP Drags FG, States To ECOWAS Court
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu and Nigeria’s 36 governors over what it described as “the repressive use of the Cybercrimes (Amendment) Act 2024”.
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 But while the Cybercrime (Amendment) Act 2024 has repealed section 24, it has not cured the arbitrary, vague and repressive nature of the provisions.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.”
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The 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.”
The 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.”
The 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.’”
The 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.”
The 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.”
The 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.
The Department of State Services (DSS) has arraigned five men before the Federal High Court in Abuja for allegedly concealing the whereabouts of former Bayelsa State Governor, Timipre Sylva, who has been declared wanted over his alleged involvement in a coup plot.
The defendants—Reuben Ayuba, Musa Mohammed, Friday Paul, Paganengigha Anagaha and Ayebaifie Suobite—were brought before Justice Peter Lifu on a two-count charge of allegedly becoming accessories after the fact by hiding the whereabouts of the former governor.
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According to the prosecution, the accused allegedly concealed Sylva’s location on or about April 28, 2026, after he was implicated as a financier of an alleged plot to overthrow the administration of President Bola Tinubu.
Sylva, who also served as Minister of State for Petroleum Resources under former President Muhammadu Buhari, was said to have fled the country before details of the alleged coup plot became public.
The Federal Government subsequently declared him wanted and reportedly commenced moves to confiscate some of his identified properties.
When the charges were read in court, the five defendants pleaded not guilty.
Following their plea, prosecution counsel Emmanuel Orubor urged the court to remand the defendants and fix a date for trial, stating that the prosecution was prepared to call witnesses to prove its case.
However, defence lawyers representing the defendants applied for bail, arguing that their clients had been in DSS custody since October 25, 2025, and deserved to be released on liberal terms pending trial.
In his ruling, Justice Lifu held that the charges were bailable and granted each defendant bail in the sum of N5 million, with two sureties in like sum.
The court ordered that each surety must provide an affidavit of means, evidence of three years’ tax payment, proof of visible means of livelihood, and recent passport photographs.
The identities of the sureties are also to be verified by the court’s Registrar.
Pending the fulfilment of the bail conditions, the defendants were ordered to be remanded at the Kuje Correctional Centre.
The case was adjourned until July 22, 2026, for the commencement of trial.
The charges allege that the defendants knowingly concealed the whereabouts of Sylva, described by the prosecution as a fugitive, in violation of Section 519 of the Criminal Code Act.
The Ondo State Security Network Agency, codenamed Amotekun, has arrested a 56-year-old man, Iliasu, alongside his three sons over their alleged involvement in a kidnapping operation in Oba-Akoko, Akoko South-West Local Government Area of the state.
The suspects, identified as Usman (33), Wahab (27), and Yakubu (18), were paraded in Akure alongside 24 other suspects arrested for various offences by the state security outfit.
Speaking during the parade, the Commander of Amotekun in Ondo State, Akogun Adetunji Adeleye, disclosed that the victim, Oyebade Samuel, was abducted while travelling to Oba-Akoko after his vehicle developed a mechanical fault along the road.
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According to Adeleye, four armed men emerged from the bush carrying guns, cutlasses, and sticks before attacking and dragging the victim into the forest.
The kidnappers initially demanded a ₦40 million ransom but later reduced it to ₦1.6 million, which the victim’s family paid.
Despite receiving the money, the suspects allegedly refused to release the victim and warned the family against involving security agencies.
Following the suspects’ failure to honour the agreement, the family contacted Amotekun, prompting an intelligence-led operation that traced the kidnappers to a family of four who allegedly disguised themselves as cattle rearers while operating a kidnapping syndicate.
Adeleye said the suspects resisted arrest and attacked Amotekun operatives during the rescue mission but were eventually overpowered.
The victim was rescued with multiple machete and knife injuries sustained during captivity and was immediately taken to the hospital for treatment.
The Amotekun commander further revealed that more than 75 per cent of the ₦1.6 million ransom was recovered, alongside alcoholic drinks, drugs, cigarettes, and other items allegedly linked to the suspects.
He added that one of the suspects, believed to be the gang leader, had been on Amotekun’s watchlist since 2024 over several kidnapping incidents in the Ondo North Senatorial District but had fled the state before recently returning to allegedly mastermind the latest abduction.
Adeleye reiterated that the security outfit discourages the payment of ransom, assuring that all recovered money would be returned to the victim’s family.
“There is no hiding place for criminals in Ondo State, whether in the forests or within our communities. We remain committed to protecting lives and property,” he said.
Operatives of the Lagos State Police Command have arrested a 21-year-old man, Samson Onilewaji, after allegedly discovering a suspected human hand, firearms and other items believed to be linked to criminal activities during a routine stop-and-search operation along the Lekki-Epe Expressway.
The arrest was confirmed on Friday by the command’s spokesperson, CSP Abimbola Adebisi, who disclosed that the suspect was travelling in an unregistered commercial shuttle bus alongside five other passengers when police officers intercepted the vehicle for inspection.
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According to Adebisi, a thorough search of the vehicle and its occupants led to the recovery of a suspected human right hand, two locally made pistols, one live cartridge, two axes, a Point of Sale (POS) terminal and five ATM cards from the suspect.
She further revealed that preliminary investigations showed the suspect allegedly confessed to recently robbing three people of their valuables, including the POS machine and ATM cards recovered from him.
The police spokesperson said investigators are working to determine the identity of the owner of the suspected human hand, how it came into the suspect’s possession and what it was allegedly intended to be used for.
She added that efforts are ongoing to track down other suspected members of the criminal network believed to be connected to the suspect.
Adebisi stated that the suspect would be arraigned in court after investigations are concluded.
She also quoted the Commissioner of Police in Lagos State, CP Tijani Olaiwola Fatai, as reassuring residents of the command’s commitment to tackling violent crimes and ensuring the safety of lives and property across the state.
The police commissioner urged members of the public to remain vigilant and continue providing useful and timely information that could assist security agencies in preventing crime and bringing criminals to justice.
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