Socio-Economic Rights and Accountability Project (SERAP) has called on President Muhammadu Buhari to enforce the judgment by the ECOWAS Court of Justice

The judgement  which prohibits the prosecution of individuals based on ‘insulting’ or ‘stalking’ public officials online.

In addition, SERAP urged the President to respect, protect, and promote freedom of expression, access to information, and media freedom in line with the ECOWAS Court’s decision.

The organization expressed concern about the shrinking civic space in Nigeria due to state governors and government institutions using repressive laws to crackdown on people exercising their human rights and media freedom. SERAP believes that implementing these judgments would be a victory for the rule of law, freedom of expression, and media freedom.

Failure to enforce the judgments may result in SERAP seeking a Writ of Execution from the ECOWAS Court and asking the ECOWAS Authority of Heads of State and Government to impose sanctions on the Nigerian government for non-compliance.

The letter also called for the repeal of Section 24 of the Cybercrime Act and for the withdrawal of all charges of ‘insulting or stalking public officials online’ against activists, critics, and journalists. Furthermore, the organization urged the government to reverse the arbitrary and unlawful fine of N5 million imposed on Channels TV for allegedly violating the NBC code.

Nnamdi Chude, a social media influencer, was allegedly arrested for cyberstalking over a tweet he posted regarding electoral violence in Anambra State. In Rivers State, three lawyers representing Tonye Cole of the All Progressives Congress were reportedly arrested and detained for preparing a petition against the outcome of the Rivers governorship election. The National Broadcasting Code (NBC) imposed an unlawful fine of N5 million on Channels Television for allegedly violating the NBC code in a program featuring the Labour Party vice-presidential candidate, Datti Baba-Ahmed. The ECOWAS Court ruled in favor of SERAP’s suit, ordering the Nigerian government to repeal Section 24 of the Cybercrime Act, which criminalizes the sending of an “offensive, insulting or annoying” message via a computer system. The court also ordered the government to ensure freedom of expression, access to information, and media freedom, consistent with human rights laws. These judgments bind Nigeria and require the government to prevent the use of repressive laws by state governors and law enforcement agencies to harass and detain individuals exercising their human rights. Freedom of expression is fundamental to democracy and civil society, and the court’s decisions are final and enforceable.