On Democracy Day, the heads of missions of the United States, United Kingdom, Finland, Norway, and Canada would like to recognise and congratulate the Nigerian people’s commitment to 26 years of democratic governance. Healthy democracies are formed of many important ingredients and when marking 25 years of democracy in Nigeria in 2024, President Tinubu underlined that in Nigeria “there must be diverse perspectives and viewpoints.” Free expression has long been a core value of Nigeria’s democracy. Nigeria’s constitution enshrines the right to freedom of expression, aiming to protect its citizens’ rights and foster a society where people can debate and discuss ideas free from government control. This right, a principle of trusting ordinary citizens to have discussion in the virtual public square, remains vital today.
In April, Nigeria’s National Human Rights Commission (NHRC) raised concerns about the 2015 Cybercrimes Act, the amendments made to it in 2024, and the law’s impact on free expression. The Act has laudable aims: to combat online fraud and cyberattacks. There is growing evidence, however, that the Act is being misused by some to silence criticism and dissent. The NHRC’s advisory opinion on freedom of expression warned that it “has potentials for abuse, particularly with respect to arrests and prosecutions of activists, journalists, bloggers, and ordinary social media users.” In addition, in 2022 the ECOWAS Court of Justice ruled that the Act is not in conformity with the country’s obligations related to freedom of expression under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Misuse of the Cybercrimes Act undermines democratic advancement and civic participation. It also jeopardizes the confidence of investors and risks deterring the innovation needed for economic growth.
