The ECOWAS Community Court of Justice has heard arguments in a case brought by the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Republic of Nigeria, challenging the alleged use of the Cybercrime Act to curb freedom of expression.
The hearing, held in Lagos and presided over by the President of the Court, Justice Ricardo Cláudio Monteiro Gonçalves, centered on SERAP’s claim that Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act 2015 has been misused by Nigerian authorities to harass citizens, including journalists and activists, for expressing dissenting views.
Counsel to the Federal Government, Okoye Princewill, requested additional time to file a response to SERAP’s submissions. The request was not opposed by SERAP’s legal representative, Kehinde Oyewunmi.
During the proceedings, Oyewunmi argued that Section 24 of the Act—which addresses cyberstalking and related offenses—has been repeatedly used by law enforcement to arrest and detain individuals for making critical or satirical posts on social media. He contended that the provision is vague and inconsistent with international human rights obligations, particularly those relating to freedom of expression.
However, the Federal Government disputed SERAP’s claims, asserting that the ECOWAS Court lacks jurisdiction to interpret domestic legislation. The government’s counsel also criticized SERAP for allegedly failing to provide concrete examples of rights violations, accusing the organization of relying on unverified media reports.
Justice Gonçalves noted that the Court would deliberate on the matter and communicate a judgment date to the parties in due course.
The case is part of growing legal scrutiny over how Nigeria’s Cybercrime Act is enforced, amid concerns from rights groups about its potential for abuse.