The Socio-Economic Rights and Accountability Project (SERAP) has expressed concern over what it described as the increasing use of criminal defamation laws by the administration of President Bola Ahmed Tinubu against activists, journalists, bloggers and other Nigerians.
The rights group reacted following a ruling by the Federal High Court in Abuja dismissing the no-case submission filed by activist Omoyele Sowore in a case instituted by the Department of State Services (DSS) over alleged cyberbullying of President Bola Ahmed Tinubu.
In a statement released on Friday, Socio-Economic Rights and Accountability Project said:
“While we respect the role of the judiciary and the importance of due process, the decision to proceed with this prosecution raises significant human rights concerns, particularly regarding the protection of freedom of expression in Nigeria.”
The organisation argued that the charges against Sowore were linked to opinions expressed on issues of public interest and warned that criminal prosecution over such comments could weaken democratic accountability.
“The charges against Mr Sowore appear to stem from the peaceful expression of opinions on matters of public interest. International human rights law is clear that public officials, including heads of state, are subject to a higher threshold of criticism. Criminal proceedings based on critical or offensive speech risk undermining democratic accountability and open debate.”
SERAP further stated that the continuation of the case could discourage journalists, activists and ordinary citizens from speaking freely or criticising those in positions of authority.
“SERAP is further concerned that the continued prosecution of Mr Sowore would have a chilling effect on journalists, activists, and citizens who seek to express dissenting views or hold those in power accountable. The use of broadly framed laws, including cybercrime provisions, to penalise speech creates a dangerous precedent for civic space in Nigeria.”
The organisation also referenced constitutional and international legal protections on freedom of expression.
“Under Section 39 of the Nigerian Constitution 1999 (as amended), every person has the right to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference.
This right is reinforced by Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights, both of which Nigeria is a state party. Safeguarding the right to free expression and ensuring fair trial guarantees are essential to maintaining public confidence in the justice system.”
Calling for the immediate withdrawal of the charges, SERAP said:
“We urge the Nigerian authorities to immediately withdraw all criminal defamation charges against Sowore as those charges are entirely inconsistent and incompatible with Nigeria’s constitutional and international human rights obligations.”
The group also urged authorities to halt similar prosecutions involving journalists, activists and human rights defenders across the country.
“Nigerian authorities must drop defamation charges against all journalists, activists, human rights defenders and other Nigerians solely for the peaceful exercise of their human rights.”
SERAP further called on the Federal Government to comply with the judgment of the ECOWAS Court of Justice concerning the Cybercrimes Act.
“Authorities must fully comply with the judgment of the ECOWAS Court of Justice on the Cybercrimes Act by immediately repealing repressive provisions of the Act, including Section 24.”
The organisation also urged lawmakers to review provisions of the Cybercrimes Act that it believes are vulnerable to abuse.
“The National Assembly should act promptly to review and amend laws that are prone to abuse, including provisions of the Cybercrimes Act, to ensure compliance with international human rights standards.”