ECOWAS COURT HEARS SERAP’s SUIT AGAINST NIGERIAN GOVERNMENT OVER CYBERCRIME ACT 10-05-25
By Sadiq Aminu The ECOWAS Community Court of Justice, sitting in Lagos, has commenced proceedings in the case brought by the Incorporated Trustees of Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government of Nigeria over alleged violations of freedom of expression through the enforcement of Section 24 of the Cybercrime Act.
The three-member College of Judges, presided over by Justice Ricardo Cláudio Monteiro Gonçalves, heard submissions from both parties on Friday, with counsels presenting their preliminary applications before the court.
Appearing for the applicant, SERAP, was Counsel Kehinde Oyewunmi, while Okoye Princewill represented the Federal Government.
During proceedings, counsel for the Federal Government informed the court of a motion for extension of time to file their response.
The applicant’s counsel did not oppose the application.
Justice Gonçalves subsequently directed the counsels to address the court orally on their respective applications.
Counsel Oyewunmi told the court that SERAP had filed its application on January 9, 2025, on behalf of Nigerians, arguing that law enforcement agencies were misapplying Section 24 of the Cybercrime Act to suppress freedom of expression, contrary to international human rights standards.
He further submitted that SERAP’s application is accompanied by a narration of facts and a supporting affidavit demonstrating how the law is being used to stifle dissent and public commentary in Nigeria. He urged the court to declare Section 24 as a violation of Nigerians’ right to freedom of expression.
In his response, Counsel to the Federal Government, Okoye Princewill, argued that the ECOWAS Court lacks the jurisdiction to interpret provisions of Nigerian law.
He contended that the applicant failed to provide concrete evidence of human rights violations or identify specific victims of abuse under the Cybercrime Act.
He described the application as speculative, asserting that it was largely based on unverifiable online reports and publications, which, he claimed, reflect the rise of fake news in Nigeria’s digital space.
He urged the court to dismiss the matter on grounds of inadmissibility and lack of jurisdiction.
Justice Gonçalves, in his closing remarks, informed both parties that the court would communicate a date for judgment once it has been fixed.
The case is seen as a significant test of the balance between national cybersecurity laws and regional obligations on human rights under the ECOWAS legal framework.