On Democracy Day, the heads of missions from the United States, United Kingdom, Finland, Norway, and Canada acknowledged Nigeria's 26 years of democratic governance. The officials emphasized that free expression remains a core value of Nigeria's democracy. They noted that the Nigerian constitution enshrines the right to freedom of expression, which is essential for fostering open debate and discussion.
Concerns have been raised by Nigeria’s National Human Rights Commission (NHRC) regarding the 2015 Cybercrimes Act and its amendments in 2024. While the Act aims to combat online fraud and cyberattacks, evidence suggests it has been misused to silence criticism and dissent. The NHRC warned that it "has potentials for abuse" particularly against activists, journalists, bloggers, and social media users. Furthermore, in 2022 the ECOWAS Court of Justice found that the Act does not align with Nigeria’s obligations under international human rights charters.
Misuse of this law threatens democratic progress and could deter investment necessary for economic growth. An example cited was Dele Farotimi's case; he faced charges after reporting alleged corruption but later had those charges withdrawn. His experience underscores concerns about potential misuse of the Act to stifle free expression.
The Nigeria Communications Commission estimates a $500 million annual loss due to cybercrime in the country. Despite this challenge requiring action, broad language within the Cybercrimes Act allows room for misinterpretation and potential abuse against citizens expressing dissent or criticizing authorities. The NHRC has urged law enforcement to carefully interpret Section 24 of the Act.
Nigeria’s Minister of Information and National Orientation Mohammed Idris expressed commitment to working with lawmakers on reviewing the Cybercrimes Act to ensure it aligns with constitutional values. Reform is seen as crucial not only for protecting free expression but also for attracting digital innovation and investment.
Heads of Missions in Nigeria have called on lawmakers to refine definitions within the Cybercrimes Act such as “false information,” “cyberstalking,” “insult,” “hatred,” and “harassment” so they cannot be used incorrectly against critics. These diplomats hope that amending this legislation will help balance citizen protection with human rights preservation.
Nigeria is not alone in facing challenges related to digital legislation; other democracies encounter similar issues globally. Assistance from initiatives like Council of Europe’s Global Action on Cybercrime project aims at helping Nigerian lawmakers meet international standards during their review process—a process needing prioritization according to these foreign representatives.
Ultimately these diplomats emphasize respecting free expression as an integral part of democratic society both within Nigeria and worldwide.
Signed,
Richard M. Mills Jr., U.S Embassy
Richard Montgomery, British High Commission
Sanna Selin, Embassy Of Finland
Svein Baera , Embassy Of Norway
Pasquale Salvaggio , Canadian High Commission