Foreign missions in Nigeria have raised concerns about the misuse of the Cybercrimes Act, warning that it threatens free speech and could hamper economic growth in the country.
In a joint statement released on Democracy Day, the heads of missions from the United States, United Kingdom, Finland, Norway, and Canada congratulated Nigeria on 26 years of democratic governance while highlighting growing evidence that the 2015 Cybercrimes Act is being weaponized to silence criticism and dissent.
The statement referenced President Tinubu's remarks during Nigeria's 25th democracy celebration in 2024, where he emphasized that "there must be diverse perspectives and viewpoints" in a healthy democracy.
Human Rights Concerns
Nigeria's National Human Rights Commission (NHRC) had previously issued an advisory opinion expressing concern about the Act and its 2024 amendments. The commission warned that the law "has potentials for abuse, particularly with respect to arrests and prosecutions of activists, journalists, bloggers, and ordinary social media users."
Further undermining the Act's legitimacy, the ECOWAS Court of Justice ruled in 2022 that it does not conform with Nigeria's obligations regarding freedom of expression under the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.
Case Studies of Alleged Misuse
The foreign missions cited the case of Dele Farotimi, who was charged with 12 counts of cybercrime after reporting alleged corruption in the judiciary through a book and podcast. According to the statement, Farotimi was detained in Lagos, transported across state lines to Ekiti, and brought to court in handcuffs before the charges were eventually withdrawn.
"Farotimi is not alone. Journalists, activists, and ordinary citizens have faced similar charges for sharing opinions or reporting on alleged corruption," the statement noted.
Economic Implications
While acknowledging that cybercrime is a serious issue—with the Nigeria Communications Commission estimating annual losses of $500 million—the missions argued that the Act's vague language creates uncertainty that could deter investment and innovation.
"The Cybercrimes Act's misapplication, even in a small number of cases, risks detracting the innovators and entrepreneurs the government wants to invest in Nigeria," the statement read.
Call for Reform
The foreign missions welcomed the commitment from Nigeria's Minister of Information and National Orientation, Mohammed Idris, to collaborate with the National Assembly and stakeholders in reviewing the Act.
They specifically urged Nigerian lawmakers to narrow the definitions of key terms such as "false information," "cyberstalking," "insult," "hatred," and "harassment" to ensure these provisions cannot be misused to silence critics and censor expression.
The statement noted that through the Council of Europe's Global Action on Cybercrime project, Nigerian lawmakers are receiving funding and technical assistance to help review the Act. However, it expressed concern that the deadline for this review has been repeatedly delayed.
"We urge Nigerian lawmakers to make this review a priority, and ensure it is open to public consultation and debate," the missions stated.
The joint statement was authored by Richard M. 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).
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