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SERAP urges NASS to reject bill punishing non-voters.

SERAP Urges NASS To Reject Bill Punishing Non-Voters

Our Reporters010 mins

Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas “to immediately withdraw the oppressive bill which contains repressive provisions to jail any Nigerian of voting age for six months and/or impose a fine of N100,000 on them if they fail to vote in national and state elections.” SERAP urged Mr Akpabio and Mr Abbas to instead “amend the Nigerian Constitution 1999 [as amended] and the Electoral Act 2022 to remove constitutional immunity for state governors and their deputies who commit electoral offences, including vote-buying, to facilitate the investigation and prosecution of perpetrators.” SERAP also urged Mr Akpabio and Mr Abbas “to amend the Nigerian Constitution and the Electoral Act to explicitly prohibit the appointment of members of any political party as resident electoral commissioners (RECs) of the Independent National Electoral Commission (INEC).” There is currently in the National Assembly a ‘Bill for an Act to Amend the Electoral Act 2022 to Make It Mandatory for All Nigerians of Majority Age to Vote in All National and State Elections and for Related Matters.’ The bill seeks to make voting compulsory and prescribes a six-month jail term or a fine of N100,000 or both for non-compliance. In the letter dated 29 March 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Jailing eligible Nigerians for deciding not to vote would be entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution and the country’s international human rights obligations.” SERAP said, “Rather than proposing bills that would severely punish Nigerians who may decide not to exercise their right to vote, the National Assembly ought to propose bills to remove constitutional immunity for governors and their deputies who commit electoral offences and undermine the integrity of the electoral process.” According to SERAP, “The most effective way to solve the perennial voter apathy is to create a safe and conducive environment, combat the impunity of high-ranking politicians who commit electoral offences, and generally improve the electoral process to encourage the citizens to come out to vote, and not to send them to jail.” The letter, read in part: “Should the National Assembly fails to drop the bill prescribing a six-month jail term for eligible Nigerians who decide not to vote in national and state elections, and should any such bill be assented to by President Bola Tinubu, SERAP would consider appropriate legal action to challenge the legality of any such law and ensure they are never implemented.” “The idea of compulsory voting and jailing citizens for not voting is impracticable, unnecessary and unlawful. The right to vote is part of citizens’ right to participate in their own government and the choice of whether to exercise it is personal.” “The right to vote includes the right not to vote. If the right to participation is a right of the citizen, she/he must be free to decide whether or not to exercise it.” “Because the notion of a democracy exists by virtue of the consent of the citizens, voters must get to choose how they exercise consent, not be forced to the polls like ‘cattle to the slaughter.’” “The National Assembly ought to propose bills to reduce the influence of money in politics, and encourage and not compel the exercise of the right to participation.” “The proposed bill is a blatant violation of the right to political participation, which is guaranteed under section 14(1)(c) of the Nigerian Constitution, article 25 of the International Covenant on Civil and Political Rights and article 13 of the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.” “SERAP also urges you to amend the Nigerian Constitution and the Electoral Act to include explicit mandatory provisions on internet voter registration, and the use of modern technology, including in casting and counting, voter registration and systems for reporting results.” “Amending the Nigerian Constitution and the Electoral Act to explicitly include the right of eligible Nigerians to vote and to vote securely would enhance the effective enjoyment of their right political participation and representative democracy.” “It would rebuild public confidence in the ability of the National Assembly to effectively perform its constitutional responsibilities.” “Any amendment of the Nigerian Constitution and the Electoral Act must include bills to address and punish governors and their deputies and their agents who commit electoral offences including voter suppression, voter intimidation and the destruction of polling units or theft of election materials.” “It is important for the National Assembly to introduce and pass bills that would effectively rein politicians who continue to abuse the electoral rules to distort and undermine the right to participation with almost absolute impunity.” “Removing constitutional immunity for governors and their deputies who commit electoral offences would address the brazen impunity for electoral and human rights crimes which frequently characterise the country’s elections.” “The major problem facing the country’s democracy is the lack of respect for Nigerians’ right to participation and the concomitant lack of trust in election results. If citizens do not believe in the election process, then the entire system of democratic government becomes a questionable enterprise.” “The crisis confronting Nigerian elections and lack of public trust and confidence in the electoral process can be addressed if the right of Nigerians to vote and to vote securely is explicitly recognized in the constitution as justiciable right.” “Nigerians do not currently enjoy explicit right to vote and to vote securely. Although the Nigerian Constitution 1999 [as amended] provides in Section 14(1)(c) that, “the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution”, this is not recognized as legally enforceable human right.” “Nigerian election laws ought to be such that would give effect to the electorate’s will and uphold the popular mandate through clean, fair, and honest elections. The right to vote in a democracy is important because so many other matters depend upon its exercise.”

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SERAP sues Tinubu over ‘unlawful suspension of Fubara, Rivers lawmakers’

Our Reporters011 mins

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the unlawful suspension of democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State while exercising his constitutional powers to proclaim a State of Emergency in the state.” The suit is brought by Yirabari Israel Nulog; Nengim Ikpoemugh Royal; and Gracious Eyoh–Sifumbukho, who are members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers state. The plaintiffs are registered voters and voted in the 2023 general elections. Joined in the suit as Defendants are the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN and Vice Admiral Ibok-Ete Ibas (Rtd). In the suit number FHC/ABJ/CS/558/2025 filed last Friday at the Federal High Court, Abuja, the plaintiffs are seeking: “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu while proclaiming a state of emergency in the state.” The plaintiffs are seeking: “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.” The plaintiffs are also seeking: “a declaration that by virtue of section 1(2) of the Nigerian Constitution 1999 (as amended), Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution.” In the suit, the plaintiffs are arguing that: “The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.” The suit filed on behalf of the plaintiffs by their lawyer Ebun-Olu Adegboruwa, SAN read in part: “Democracy is an inherent element of the rule of law. Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law. “The suspension is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s obligations under article 13 of the African Charter on Human and Peoples’ Rights, and articles 2, 3 and 4 of the African Charter on Democracy, Elections and Governance. “The combined provisions of sections 1(2), 14(1)(c), 176(1) (2) and 305(1) of the Nigerian 1999 Constitution create a delicate balance of rights and responsibilities, balancing the exercise of the President’s power against the people’s right to participation in their own government, and the notion of respect for the rule of law. “Together, these Constitutional provisions presume that Presidential Powers under section 305 are to be exercised fairly and the duty of fairness requires that the people’s right to participation and democracy should be upheld even in the context of a declaration of state of emergency in Rivers State. “The combined effect of the provisions of sections 1(2), 14(1)(c), 176(1) (2) and 305(1) of the 1999 Constitution is that the suspension of democratically elected officials in Rivers state is unlawful and unconstitutional. “Democracy works best when everyone participates. The right to participation is the bedrock of any democratic society. “The suspension of the democratically elected officials in Rivers state has seriously undermined the ability of the Plaintiffs to participate more effectively in their own government, and the credibility and integrity of the country’s electoral process, as well as the notion of the rule of law. “The rule of law ought to be protected to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations. “Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory or constitutional duties, the end result will be anarchy and authoritarianism, leading to the loss of constitutionally guaranteed freedom and liberty. “Section 305 of the 1999 Constitution is neither absolute nor superior to other provisions of the Constitution. Rather, it is expressly made subject to other constitutional provisions. “The phrase ‘Subject to’ as a legislative device is used in a Constitutional provision or statutory enactment to make the provision of the section inferior, dependent on, or limited and restricted in application to the Section to which they are made subject to.” The plaintiffs are also seeking the following reliefs: No date has been fixed for the hearing of the suit.

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SERAP gives CBN 48 hours to withdraw hike in ATM transaction fees

Our Reporters011 mins

Socio-Economic Rights and Accountability Project (SERAP) has urged the Governor of the Central Bank of Nigeria, Mr Olayemi Cardoso, to use his ‘leadership position to immediately withdraw the patently unlawful, unfair, unreasonable and unjust increase in Automated Teller Machine (ATM) transaction fees’. SERAP urged him to ensure that the exercise of CBN statutory powers and functions does not inflict misery on poor Nigerians and contribute to human rights abuses. The CBN recently announced that ATM withdrawals made at a machine owned by a bank but outside its branch premises will now attract a charge of N100 per N20,000 withdrawn. ATM withdrawals at shopping centres, airports or standalone cash points, will incur a N100 fee plus a surcharge of up to N500 per N20,000 withdrawal. Banks ‘are advised to apply the increased ATM fees with effect from March 1, 2025.’ In the open letter dated 15 February 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “the manifestly unlawful, unfair, unreasonable, and unjust increase in ATM transaction fees will hit hardest those at the bottom of the economy and exacerbate the growing poverty in the country.” SERAP said, “The increase in ATM transaction fees ought to have been shouldered by wealthy banks and their shareholders, not the general public. The increase only benefits the CBN and commercial banks at the expense of poor Nigerians.” According to SERAP, “CBN policies should not be skewed against poor Nigerians and heavily in favour of banks that continue to declare trillions of naira in profits mostly at the expense of their customers. The increase in ATM transaction fees would inflict misery on poor Nigerians and contribute to human rights abuses.” The letter, read in part: “The increase in ATM transaction fees is also entirely inconsistent with the oft-expressed commitment by the government of President Bola Tinubu to address the growing poverty across the country.” “We would be grateful if the recommended measures are taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and the CBN to comply with our request in the public interest. “The exorbitant and unlawful increase in ATM transaction fees at a time the country is facing economic and financial crises would contribute further to the impoverishment of the population. “Imposing exorbitant ATM transaction fees on socially and economically vulnerable Nigerians at a time several Nigerian banks are declaring trillions of naira in profits yearly is manifestly unfair, unreasonable and unjust. “The increase cannot be justified under the Nigerian Constitution 1999 [as amended], the CBN Act, Federal Competition and Consumer Protection Act, and the country’s international human rights obligations. “The patently unlawful, unfair, unreasonable and unjust increase in ATM transaction fees also inherently contributes to violations of the human rights of socially and economically Nigerians. “The increase creates a two-tiered financial system that discriminates against poor Nigerians who may not be able to afford or pay the increased fees. “While the government of President Tinubu has primary responsibility for protecting the rights of Nigerians, the CBN also has the responsibilities to ensure that its practices and guidelines do not cause or contribute to human rights abuses. “The CBN could play an important role in promoting economic opportunities for Nigerians where the majority of the people live in poverty. “The CBN is failing to comply with the Nigerian Constitution, the Federal Competition and Consumer Protection Act and the country’s international human rights obligations in the exercise of its statutory powers and functions. “The CBN is also compromising its stated mission to advance the management of the country’s economy, and ultimately, sustainable development. “According to our information, the CBN through a Circular to all banks and other financial institutions dated February 10 2025 stated that it has reviewed and increased the ATM transaction fees prescribed in section 10(7) of the CBN Guide to Charges by Bank, Other Financial and Non-Bank Financial Institutions 2020. “Section 42(1)(a) of the CBN Act 2007 provides that ‘The Bank shall wherever necessary seek the co-operation of and co-operate with other banks in Nigeria to – (a) promote and maintain adequate and reasonable financial service for the public.’ It also provides that any policy of the CBN ‘shall be in the national interest.’ “Section 1(c)(d) of the Federal Competition and Consumer Protection Act, 2018 provides that the objectives of the Act are to ‘protect and promote the interests and welfare of consumers’ and ‘prohibit restrictive or unfair business practices’ such as the exorbitant and unreasonable increase in ATM transaction fees by the CBN. “Significantly, the provisions of the Federal Competition and Consumer Protection Act are directly binding on the CBN, as the provisions constrain the exercise of the statutory powers and functions of the institution. “Specifically, section 2(1) the Act provides that its provisions ‘apply to all undertakings [such as the CBN] and scope of application to all commercial activities within, or having effect within, Nigeria. “Section 2(2) provides that, ‘This Act also applies to and is binding upon- (a) a body corporate or agency of the Government of the Federation; (b) a body corporate; (c) all commercial activities aimed at making profit and geared towards the satisfaction of demand from the public.’ “According to section 70(1) of the Act, ‘For the purpose of this Act, an undertaking [such as the CBN] is considered to be in a dominant position if it is able to act without taking account of the reaction of its customers or consumers.’ “The Act prohibits abuse of dominant position by the CBN including charging excessive ATM transaction fees to the detriment of consumers. “Section 104 of the of the Act asserts the supremacy of the Act over ‘the provisions of any other law’, such as the CBN Act. The only exception to the provision is the Nigerian Constitution 1999 [as amended]. “Section 127(1) of the Act also prohibits the CBN from making any policy or providing “any services at…

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Probe missing N26bn in Ministry of Petroleum Resources, PTDF, SERAP tells Tinubu

Our Reporters012 mins

Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and appropriate anti-corruption agencies to promptly probe allegations that over N26 billion of public funds are missing, diverted or stolen from the Petroleum Technology Development Fund (PTDF) and the Federal Ministry of Petroleum Resources in 2021.” These damning revelations are documented in the 2021 audited report published on Wednesday 13 November 2024 by the Office of the Auditor-General of the Federation. SERAP said, “Anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any missing public funds should be fully recovered and remitted to the treasury.” SERAP urged him to “use any recovered stolen funds to fund the deficit in the 2025 budget and to ease Nigeria’s crippling debt crisis.” In the letter dated 1 February 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “There is a legitimate public interest in ensuring justice and accountability for these grave allegations. Tackling corruption in the oil sector would go a long way in addressing the budget deficit and debt problems.” According to SERAP, “The allegations suggest a grave violation of the public trust, the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation and international anticorruption obligations.” The letter, read in part: “Poor Nigerians have continued to pay the price for the widespread and grand corruption in the oil sector.” “Despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the entrenched culture of impunity of perpetrators.” “According to the 2021 annual audited report by the Auditor-General of the Federation, the Petroleum Technology Development Fund (PTDF) in 2021 reportedly paid over N25 billion [N25,607,890,403.11] for ‘contracts without any supporting documents.’” “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” “The PTDF also reportedly failed to account for over N326 million [N326,065,638.00] deposited in two banks. The Auditor-General fears the money may be missing and wants it recovered and remitted to the treasury.” “The PTDF reportedly failed to account for over N107 million [N107,691,733.93] being money for ‘the supply, installation, and commissioning of Library automation system and RFID at the Petroleum Training Institute (PTI).’” “The contract for the library ‘was awarded without the prior approval from the National Information Technology Development Agency (NITDA). The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” READ ALSO CTC of Judgment ordering Buhari’s minister to account for N729bn payment to poor Nigerians“The PTDF reportedly paid over N46 million [N46,974,216.43] to ‘three companies for services without evidence of execution.’ ‘One of the contractors was engaged on 13th April 2021 but was paid for services rendered in March 2021. All the three contractors were paid for periods they had not rendered the services to the PTDF.’” “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” “The PTDF also reportedly failed to remit over N60 million [N60,355,670.03] of ‘stamp duty from the capital expenditure contracts awarded in 2019 and 2020.’ The PTDF ‘provided no reason why the money was not remitted.’” “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” “The PTDF also reportedly failed to account for over N64 million [N64,088,158.44] ‘being payment for store items not supplied.” The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” “The PTDF also reportedly paid over N41 million [N41,367,493.50] ‘for services not yet performed or goods not yet supplied.’ The payments were made ‘without relevant supporting documents such as invoices, receipts.’” “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” “The Federal Ministry of Petroleum Resources reportedly spent over N137 million [N137,751,789.85] ‘from the Capital Vote for expenditures which were recurrent in nature without any approval by the National Assembly and the Minister of Finance.’” “The Auditor-General fears the money may be missing. He wants the money recovered and remitted to the treasury. He also wants sanctions applied ‘for gross misconduct specified in paragraph 3129 of the Financial Regulations 2009.’” “The Ministry reportedly failed to account for over N232 million [N232,509,238.21] ‘being payments to seven companies for consultancy services for stakeholders’ engagement in the Niger Delta in January 2021.’” “According to the Auditor-General, ‘the type of engagements and the reasons for contracting the seven companies were not stated. The venue of the engagement remains unknown. This spending of public funds appeared fictitious.’” “The Auditor-General fears “the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” “The Ministry also reportedly failed to remit over N25 million [N25,516,938.00] of ‘taxes collected from payments of N137,929,394.58] made to contractors.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” READ ALSO Xenophobia: African commission to ‘take appropriate action’ on SERAP’s request to sue South Africa for $10bn“The Ministry also reportedly failed to account for over N43 million [N43,533,036.65] ‘being irregular payments for the replacement of broken ceiling.’ The Auditor-General fears “the money may have been diverted.’ He wants the money recovered and remitted to the treasury.” “The Ministry failed to account for over N74 million [N74,721,625.03] ‘being payments made as cash advances granted to officers between March and December 2021 without retirement.’ The Auditor-General fears ‘the money may have been diverted’, and wants it recovered and remitted to the treasury.” “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public…

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Dele Farotimi, Amnesty Int’l, SERAP condemn Sowore’s detention

Our Reporters02 mins

Amnesty International Nigeria and Socio-Economic Rights and Accountability Project (SERAP) have condemned in its entirely the incarceration of human rights activist Omoyele Sowore by the Nigeria Police Force. Both organisations on Tuesday took to their official X handle formerly Twitter to condemn the act and demand for his unconditional release. “Amnesty International condemns the arbitrary detention of activist Omoyele Sowore who is being targeted by the police for exercising his right to freedom of expression. “The bail conditions imposed on him by the police are unconstitutional and contrary to the right to liberty,” Amnest International Nigeria pointed out. The Socio-Economic Rights and Accountability Project (SERAP also urged the Police authorities to withdraw charges against the human rights activist. “The Tinubu administration must immediately release journalist Omoyele Sowore who is arbitrarily detained solely for peacefully exercising his rights. “The police must rescind the punitive bail conditions as they are inconsistent with the right to liberty,” SERAP stated. Human rights activist and lawyer Dele Farotimi has also joined his voice to those calling for unconditional release of Sowore. “When will the Nigerian Police learn to leave Sowore alone?,” Farotimi queried. Meanwhile, Sowore is expected to appear before a Federal High Court in Abuja, on Wednesday, 29 February at 8am.

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SERAP drags FG, Telecos to court over tariff hike

Our Reporters011 mins

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu over “the arbitrary, unconstitutional, unlawful, unfair, and unreasonable 50 percent telecom tariff hike by the Nigerian Communications Commission (NCC).” Joined in the suit as Defendant is the Nigerian Communications Commission (NCC). The NCC had recently approved a 50 percent hike in telecom tariffs. By the increase, the average price of calls will rise to N16.5 per minute from N11; the cost of 1GB of data will rise to N431.25 from N287.5/GB; and SMS prices to N6 from N4. In the suit number FHC/ABJ/CS/111/2025 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to determine “whether the unilateral decision by the NCC to authorise telcos to hike telecom tariffs by 50 percent is not arbitrary, unconstitutional, unlawful, unfair, unreasonable and inconsistent with citizens’ freedom of expression and access to information.” SERAP is asking the court for “a declaration that the unilateral decision by the NCC to authorise telcos to hike telecom tariff by 50 percent is arbitrary, unfair, unreasonable and inconsistent and incompatible with citizens’ freedom of expression and access to information, and therefore unconstitutional and unlawful.” SERAP is seeking “an order of interim injunction restraining the NCC, its officers, agents, privies, assigns, or any other person or persons acting on its instructions from further implementing, enforcing and doing any act to give effect to the decision of the NCC authorizing telecom tariff hike by 50 percent.” In the suit, SERAP is arguing that: “The legal and constitutional provisions as well as international standards on freedom of expression and access to information constitute the repository of legality. The requirements of legality constrain the exercise of statutory powers by the NCC to authorise any increase in telecom tariffs.” The suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa, SAN, read in part: “The demands of legality impose clear duties of fairness and reasonableness on the NCC in the exercise of its powers to authorize the telecom tariff hike by 50 percent, which is the subject-matter of this suit. “The NCC is required under the legal provisions on consumers’ rights and constitutional and international standards on freedom of expression and access to information to base its decision on reasonable interpretations of its enabling statutes and guidelines and other relevant legal frameworks, and to follow due process. “The exercise of the statutory powers of the NCC in approving the telecom tariff hike is a grave violation of the provisions of the Federal Competition and Consumer Protection Act 2018, the Nigerian Constitution 1999 [as amended] and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party. “These legal and constitutional provisions and international human rights standards recognize that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination. “The constitutional and democratic anomalies complained of by SERAP is more apparent when the said unilateral decision of the NCC approving a 50 percent increase in telecommunication tariffs is juxtaposed with the apparent procedural breaches of the condition-precedent for any approval of increase. “The NCC is the statutory agency charged with the responsibility of promoting and implementing the national communications or telecommunications policy in Nigeria. “The latest patently unconstitutional and unlawful increase in telecommunication tariffs is coming on the heels of a recent report by the National Bureau of Statistics (NBS), which shows that some 133 million Nigerians are poor. “The NBS report also shows that over half of the population of Nigeria are multi-dimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy. “The increase in telecommunication tariffs is a fundamental breach of due process of law, as the purported approval by the NCC failed to meet the high threshold of consultation with key stakeholders, especially the Federal Competition and Consumer Protection Commission, which is the primary consumer protection agency in Nigeria. “The increase in telecommunication tariffs is coming at a time when Nigerians are deeply burdened by the cost of living crisis. The cost of living crisis has resulted in low quality of life, unemployment and deaths, as many socially and economically vulnerable people scramble for free food in public and religious gatherings. “The present-day economic realities in Nigeria include chronic poverty amongst a high percentage of citizens and the growing inability of several state governments to pay salary and pensions of workers, especially as the country still suffers from the removal of fuel subsidy, electricity tariff hike and inflated cost of food in the market.” SERAP is therefore asking the court for the following reliefs: A DECLARATION that the unilateral decision of the NCC approving the increase of telecommunications tariff by 50 percent is arbitrary, unfair, unreasonable, and a deliberate attempt to stifle the constitutional and international human rights of citizens to freely express themselves and share information, and breach of sections 104 and 127 of the Federal Competition and Consumer Protection Act 2018, section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended] and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party. AN ORDER setting aside the unilateral decision of the NCC approving the increase of telecommunications tariff by 50 percent contained in a press statement published by the NCC on 20th January 2025 for being arbitrary, unfair, extortive, unreasonable, unconstitutional and a breach of the provisions of Sections 104 and 127 of the Federal Competition and Consumer Protection Act 2018, section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party. AN ORDER restraining the NCC, its agents, assigns, privies and…

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SERAP sues Tinubu, governors over misuse of Cybercrimes Act

Our Reporters012 mins

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu and Nigeria’s 36 governors over “the repressive use of the Cybercrimes (Amendment) Act 2024 to criminalize legitimate expression and violate the human rights of Nigerians, including activists, journalists, bloggers and social media users.” The ECOWAS Court had in its judgment dated 25 March, 2022 “ordered Nigerian authorities to stop using section 24 of the Cybercrime Act 2015 to prosecute anyone on the grounds of insulting or stalking public officials online.” The Court declared section 24 as “arbitrary, vague and repressive” and ordered Nigerian authorities “to repeal it in conformity with the country’s human rights obligations.” But while the Cybercrime (Amendment) Act 2024 has repealed section 24, it has not cured the arbitrary, vague and repressive nature of the provisions. In the suit no: ECW/CCJ/APP/03/2025filed last week before the ECOWAS Community Court of Justice in Abuja, SERAP is challenging “the legality and compatibility of the provisions of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 with the rights to freedom of expression and information.” SERAP said, “The provisions of the Cybercrimes (Amendment) Act 2024 have opened the door to criminalizing legitimate expression and punishing activists, journalists, bloggers and social media users.” According to SERAP, “What constitutes ‘causing a breakdown of law and order’ in section 24(1)(b) of the amended legislation is unclear and undefined, threatening to punish peaceful and legitimate expression and opening the provisions up to abuse.” SERAP also said, “Rather than using the amended legislation to make cyberspace and its users safer, Nigerian authorities are routinely weaponizing it to curb Nigerians’ human rights and media freedom.” SERAP is arguing that, “The Cybercrime (Amendment) Act 2024, in addition to its arbitrary, vague and repressive section 24 provisions, broadly defines ‘cyberstalking’ in section 58 as ‘a course of conduct, directed at a specific person that would cause a reasonable person to feel fear.’” SERAP is also arguing that, “The provisions of the Cybercrimes (Amendment) Act 2024 represents a harshly punitive attempt to address the problems relating to stalking and harassment and fails to provide sufficient safeguards against misuse, particularly for peaceful and legitimate exercise of human rights.” SERAP is arguing that, “The use of section 24 of the Cybercrime (Amendment) Act 2024 to harass those who are deemed critical of the government directly threatens the staff, members and supporters of SERAP, particularly given the nature of the organization’s advocacy for human rights.” The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Mrs Adelanke Aremo and Andrew Nwankwo, read in part: “The amended legislation is abused to threaten and stifle people’s human rights and livelihoods. “The vague, arbitrary, and repressive provisions on ‘cyberstalking’ in section 24 of the Cybercrime (Amendment) Act 2024 are routinely abused to suppress factual reports by activists, journalists, bloggers and social media users, thereby leaving a chilling effect on human rights and media freedom. “Nigerian authorities not only have a negative obligation to abstain from unduly interfering with human rights and media freedom but also have a positive obligation to facilitate and protect these rights. “Freedom of expression is a fundamental human right and full enjoyment of this right is central to achieving individual freedom and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society. “Whether labelled as cyberstalking, criminal defamation, seditious libel of government officials or false news, the provisions of section 24 of the Cybercrime (Amendment) Act 2024 disproportionately penalize the accused and inevitably limits protected public discussion and debate on matters of legitimate public concern. “The ECOWAS Court had on 25 March 2022 ruled that section 24 of the Cybercrime Act 2015 is arbitrary, vague and repressive and therefore, is in contravention of Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights. “The Court also ordered the Federal Republic of Nigeria to amend Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 in accordance with its obligations under Article 1 of the African Charter on Human and Peoples’ Rights. “The National Assembly amended section 24 and other provisions of the Cybercrime 2015 in 2024 but the new Cybercrime (Amendment) Act, 2024 still criminalizes ‘cyberstalking’. The provisions remain vague, arbitrary, and frequently misused by Nigerian authorities to crackdown on human rights. “Since the amendment of the Cybercrime Act in 2024, Nigerian authorities at all levels have consistently used the provisions of the Cybercrime Act to harass, intimidate, arbitrarily arrest and detain and unfairly prosecute users of social media, activists, journalists, and bloggers solely for the peaceful exercise of their rights. “Stories published online have been deemed ‘offensive’, ‘obstructive’, ‘insulting’ or ‘annoying’ with actionable consequences under provisions of section 24 of the Cybercrime (Amendment) Act 2024 even when the stories are true and factual. “According to the 2023 and 2024 Freedom House Reports on Nigeria, internet freedom of expression declined due to an unprecedented pattern of arbitrary arrests and detention of bloggers after the enactment of the Cybercrime (Amendment) Act 2024. “There are several reports on the recent abusive use of the arbitrary, vague and repressive provisions of section 24 of the Cybercrimes (Amendment) Act 2024. “For example, the police filed ‘cybercrime charges’ against activist Dele Farotimi under the arbitrary, vague and repressive provisions of the Cybercrimes (Amendment) Act 2024. “Journalist Agba Jalingo of the Cross River Watch Newspaper was charged with ‘cyberstalking’ over a report that a relative of a former governor of Cross River State had engaged someone to sit for law exams on her behalf. “Chioma Okoli was arrested following her comment on Facebook complaining about the sugar content of Nagiko tomato mix. Funke Adeoye was also reportedly summoned by the police for alleged cyberbullying due to a statement she shared on her X account. “The Nigeria police also reportedly re-arraigned four bloggers on fresh charges of alleged cyberstalking. The police also arrested ‘a famous singer’ for alleged cyberstalking…

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UniAbuja: SERAP threatens to sue FG over attack on media

Our Reporters03 mins

Socio-Economic Rights and Accountability Project (SERAP) has threatened to sue should the Federal Government fails to investigate assault on Channels TV crew at University of Abuja. The nonprofit, nonpartisan, legal and advocacy organization committed to promoting human rights, transparency, and accountability in governance claimed security operatives brutally assaulted Channels TV crew covering a protest at the University of Abuja (UniAbuja) and vandalised the crew car, after detaining them for over an hour on Tuesday. The organisation however urged the President Bola Ahmed Tinubu’s administration to immediately instruct the Inspector General of Police to thoroughly investigate the alleged assault on the media crew. In a statement on the organisation’s official X handle on Wednesday, SERAP demanded that those suspected to be responsible must be identified and prosecuted. “The authorities must ensure justice and effective remedies for the journalists and crew affected, including financial compensation and repair or replacement of the damaged vehicle and equipment. “We’ll see in court if the recommended measures are not promptly taken. “Those responsible for physically attacking journalists and the UniAbuja authorities need to be held to account. The administration needs to make clear that attacks against journalists and media workers will not be tolerated. “No journalists should face physical violence for doing their jobs. “Nigerian authorities should guarantee that all journalists in the country are able to carry out their work without fear of reprisals. The de facto impunity for crimes against journalists and media workers must end. “The Nigerian Constitution 1999 [as amended] in section 39 guarantees the rights to freedom of expression, information and the media. Similarly, article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party protect freedom of expression, information and the media. “The constitutional provisions and international standards serve as a critical check on authorities at all levels,” SERAP stated. Professors at UniAbuja were protesting the selection process for the university’s vice-chancellor, and the Channels TV crew was present to cover the demonstration.

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