Free Speech: US, UK, Canadian Envoys, Others Express Concerns Over Nigeria’s Cybercrime Act

Heads of Mission of five countries in Nigeria have expressed worries over the delay in amending the Nigerian Cybercrime Act 2015, stressing that the law in its current state can be misused to suppress free speech and violate the fundamental right of citizens and undermine the county’s democracy.

In a joint statement to celebrate the June 12 Democracy Day in Nigeria on Thursday entitled “Preventing Misuse of the Cybercrimes Act: Protecting Free Speech and Unlocking Economic Growth,” the United States Ambassador to Nigeria, Richard M. Mills, Jr.; the British High Commissioner to Nigeria, Richard Montgomery; the Ambassador of Finland to Nigeria, Sanna Selin; the Ambassador of Norway to Nigeria, Swein Baera, and the Canadian High Commissioner to Nigeria Pasquale Salvaggio, called for urgent reform of the Act.

The envoys noted that healthy democracies are formed on many important ingredients as enshrined in the Nigerian constitution, which has long been a core value of Nigeria’s democracy. The aim is to protect the citizens’ rights and foster a society where people can debate and discuss ideas free from government control.

Though the envoys acknowledged the laudable aims of the current Act to combat online fraud and cyber-attacks, they however, raised the alarm about growing evidence that the Act is being misused by some to silence criticism and dissent.

The heads of mission cited Nigeria’s National Human Rights Commission (NHRC) advisory opinion on freedom of expression, which 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,” the statement said.

The envoys raised the disturbing case of activist Dele Farotimi, who was charged with 12 counts of cybercrime after he reported alleged corruption in the judiciary in a book and on a podcast.

“Farotimi was allegedly detained in Lagos, transported across state lines to Ekiti, and brought to court in handcuffs. Though the charges were eventually withdrawn, his ordeal highlights a troubling issue – the Cybercrimes Act, originally intended to combat online fraud and cyberterrorism, can be misused as a tool to stifle free expression and undermine democratic engagement.

“Farotimi is not alone. Journalists, activists, and ordinary citizens have faced similar charges for sharing opinions or reporting on alleged corruption. This distortion of the law’s original intent can lead to citizens becoming hesitant to speak out, weakening democratic accountability and potentially fuelling distrust in government,” the statement said.

The heads of mission noted that although the Nigeria Communications Commission (NCC) estimated that the country loses $500 million per year to cybercrime, which requires response, Cybercrimes Act’s broad language, especially its vague definitions of “false information,” “cyberstalking,” “harassment,” and “insult” leaves room for confusion and potential abuse.

“The law’s broad scope allows it to be misused against Nigerian citizens seeking to express dissent, form opinions, or criticize powerful people. NHRC has called on law enforcement to “exercise caution” in how they interpret the Act’s frequently used Section 24 to make sure that charges reflect an actual threat to public order.

“We therefore welcome the commitment from Nigeria’s Minister of Information and National Orientation, Mohammed Idris, to collaborate with the National Assembly and relevant stakeholders in reviewing the Cybercrimes Act so that it protects the values enshrined in Nigeria’s constitution,” the statement added.

The envoys also warned that the implications extend beyond free expression, stressing that since Nigeria’s economic future depends on its ability to innovate and attract investment in the digital age, 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 Cybercrimes Act also contributes to uncertainty abroad about Nigeria’s legal landscape. Its vague provisions make it difficult for businesses and investors to assess legal risks, hindering investment in industries that rely on digital content. Reform is needed to protect both citizens’ rights and Nigeria’s future,” the statement said.

The undersigned heads of mission therefore encouraged Nigerian lawmakers to consider reform of the Cybercrimes Act to narrow the definitions of key terms such as “false information,” cyberstalking,” insult,” hatred,” and “harassment,” and ensure those definitions cannot be used erroneously to silence critics and censor expression.

“As friends of Nigeria who share the country’s strong commitment to democratic values, we want Nigeria to realise its potential as a democratic digital powerhouse. We would therefore welcome the Nigerian government amending the Act to strike a balance between protecting citizens while preserving human rights, including free expression. This will be a difficult balance to strike but is vital for delivering what Nigeria wants: a stable and open democracy and economic growth underpinned by investment.

“Nigeria is not alone in facing this problem. Democracies across the world are grappling with the ever-evolving challenges and opportunities that the digital world presents. Through the Council of Europe’s Global Action on Cybercrime project, Nigerian lawmakers are receiving funding and technical assistance to help the current review of the Act lead to legislation that meets international standards and best practices. However, the deadline for the Act’s review has consistently been delayed, and we urge Nigerian lawmakers to make this review a priority, and ensure it is open to public consultation and debate.

“Free expression is a precious commodity that relies on all of us to respect it. It is a fundamental tenet of Nigeria’s constitution. Nigerians, and any citizens of countries around the world, should be able to hold and express their views, even if those opinions are unpopular,” the statement added.