The heads of missions of the United States, United Kingdom, Canada, Finland, and Norway have decried misuse of Nigeria’s Cybercrime Law as Nigeria celebrates 26 years of unbroken democratic governance.
They issued a joint statement on Democracy Day, commending the Nigerian people for their enduring commitment to democratic values.
While acknowledging the progress made since the country’s return to civilian rule in 1999, the diplomats expressed growing concern about threats to free expression, particularly the misuse of Nigeria’s Cybercrimes Act.
In the statement, the envoys recognised the importance of diverse perspectives in a thriving democracy, citing President Bola Tinubu’s own remarks during the 2024 Democracy Day celebrations where he emphasised that democracy must allow for a multiplicity of voices.
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They noted that free expression has long been a central value in Nigeria’s democratic journey and is enshrined in the country’s constitution as a right that protects citizens and promotes open debate without fear of government control.
However, the diplomats highlighted the increasing misuse of the 2015 Cybercrimes Act and its recent amendments, which they say pose a serious risk to freedom of speech and civic engagement.
While the law was originally designed to combat cyber fraud and digital threats, they warned that its vague provisions are now being used to target journalists, activists, and everyday citizens for expressing dissent or reporting on sensitive issues.
Citing the April 2025 advisory from Nigeria’s National Human Rights Commission (NHRC), the diplomats echoed concerns that the Cybercrimes Act is being stretched beyond its original intent.
The NHRC warned that the law has ‘potentials for abuse,’ especially in how law enforcement agencies interpret key sections to arrest and prosecute individuals for online commentary.
In addition, the ECOWAS Court of Justice had, in 2022, ruled that the Act violates Nigeria’s international commitments under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
The statement pointed to the recent case of Dele Farotimi, a lawyer and activist, who was charged with 12 counts of cybercrime after he alleged corruption in the judiciary in a book and podcast.
He was detained in Lagos, transported across state lines to Ekiti, and brought to court in handcuffs.
Though the charges were later dropped, the diplomats said the incident illustrates a broader problem: that a law intended to fight cyber threats is being repurposed to silence voices critical of the government or elite institutions.
Farotimi’s case, they added, is not isolated, as other journalists and social media users have faced similar ordeals.
Beyond the human rights implications, the envoys warned that the broad and ambiguous language of the Cybercrimes Act creates a climate of legal uncertainty that could damage Nigeria’s digital economy.
The Nigeria Communications Commission estimates that the country loses around $500 million annually to cybercrime, a serious problem that demands effective legislation.
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However, the diplomats argued that overly vague terms like ‘false information,’ ‘cyberstalking,’ ‘harassment,’ and ‘insult’ allow for arbitrary interpretations that can chill public discourse and deter innovation.
They also urged lawmakers to narrow the definitions of problematic terms and ensure that any reforms strike a balance between security and the fundamental right to free expression.
The diplomats stressed that Nigeria’s ability to attract investment and foster digital innovation depends on a legal environment that is predictable, fair, and respectful of rights.
They noted that even a few cases of misuse under the Cybercrimes Act could send the wrong signal to foreign investors and stifle the country’s ambitions to become a regional leader in technology and entrepreneurship.
While acknowledging that democracies across the world face similar challenges in managing digital speech, the diplomats noted that Nigeria is already receiving technical and financial support through the Council of Europe’s Global Action on Cybercrime project.
This support, they said, should help the country bring its laws in line with international best practices.
However, they expressed concern over repeated delays in the review process and urged Nigerian lawmakers to prioritise it, ensuring that it is open to public consultation and robust debate.
