As Nigeria marks Democracy Day, the heads of mission from the United States, the United Kingdom, Finland, Norway, and Canada have issued a joint statement. Urging the Nigerian government to amend the Cybercrimes Act, citing its potential misuse to suppress freedom of expression and stifle economic innovation.
In the statement, the diplomats commended Nigerians for 26 years of uninterrupted democratic governance. Also reaffirmed their countries’ support for Nigeria’s democratic journey. They echoed President Bola Tinubu’s 2024 Democracy Day address, which underscored the importance of “diverse perspectives and viewpoints” in a thriving democracy.
The envoys raised particular concern over Nigeria’s Cybercrimes Act of 2015 and its 2024 amendments. Which they argue contain vague and overly broad provisions that have been used to silence journalists, activists, and ordinary citizens expressing dissenting views online.
“The Act’s laudable intent to combat online fraud and cyberattacks must not come at the cost of democratic freedoms. Misuse of this legislation risks undermining civic participation, deterring investment, and damaging Nigeria’s reputation as a democratic digital economy,” the statement read.
The diplomats cited the 2022 ruling by the ECOWAS Court of Justice, which found aspects of the Act to be inconsistent with Nigeria’s obligations. Under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
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Highlighting recent examples, they referenced the case of Dele Farotimi, who was charged with 12 counts under the Cybercrimes Act after criticising the judiciary in a podcast and a book.
Though the charges were later dropped, Farotimi’s ordeal, including alleged detention and cross-state transfer, was described as emblematic of a broader pattern of abuse. ” Such instances create a chilling effect on free expression,” the diplomats warned. “When citizens fear retaliation for speaking out, democratic accountability is weakened.”
They acknowledged Nigeria’s real and growing threat of cybercrime, with the Nigerian Communications Commission estimating annual losses of $500 million. However, they argued that the solution must not come at the expense of fundamental rights.
They urged Nigerian lawmakers to prioritize the review of the Act and ensure it reflects international standards while balancing national security needs with human rights protections.
“This is not unique to Nigeria; democracies globally are confronting the challenges of the digital age,” the diplomats stated. Adding that technical and financial assistance from the Council of Europe’s Global Action on Cybercrime project is available to support legislative reform.
They called for an inclusive, transparent review process, including public consultations and debate, to restore public trust and protect the rights of all Nigerians.
“Free expression is a cornerstone of democracy and enshrined in Nigeria’s constitution. We stand with Nigerians in their efforts to build a democracy that safeguards human rights and supports inclusive economic growth,” the joint statement concluded.
