Heads of Mission from the United States, United Kingdom, Finland, Norway, and Canada have jointly called on the Federal Government to reform the 2015 Cybercrimes Act, warning that its misuse threatens freedom of expression and hampers the country’s digital and economic potential.
In a joint statement on Thursday to mark Nigeria’s Democracy Day, the diplomats commended the country’s 26 years of democratic governance.
They reiterated the importance of free expression as a cornerstone of any democracy.
The statement was signed by Richard Mills, Jr. (U.S. Embassy), Richard Montgomery (British High Commission), Sanna Selin (Embassy of Finland), Svein Baera (Embassy of Norway), and Pasquale Salvaggio (Canadian High Commission).
Citing remarks by President Bola Tinubu from the 2024 Democracy Day celebrations, they emphasised that “diverse perspectives and viewpoints” are essential for democratic progress.
The statement raised concerns about what it described as the broad and vague provisions in the Cybercrimes Act, particularly after amendments were made in 2024.
It referenced an opinion by Nigeria’s National Human Rights Commission, which warned of the law’s potential for abuse in the arrest and prosecution of journalists, activists, and ordinary citizens for expressing dissent online.
The envoys noted that while the Act aims to combat legitimate threats such as cyber fraud, an issue estimated to cost Nigeria $500 million annually, according to the Nigeria Communications Commission, it is increasingly being used to silence criticism.
They cited the case of activist and author Dele Farotimi, who faced multiple cybercrime charges after publishing allegations of judicial corruption.
Although the charges were later dropped, the diplomats said the incident underscores how the law can be weaponised to stifle free speech.
The misuse of the Cybercrimes Act, they argued, not only erodes democratic accountability but also risks damaging Nigeria’s reputation among investors and entrepreneurs.
“Misuse of the Cybercrimes Act undermines democratic advancement and civic participation. It also jeopardises the confidence of investors and risks deterring the innovation needed for economic growth,” they noted.
Ambiguous legal language around terms such as “false information,” “cyberstalking,” and “harassment” creates uncertainty that could deter digital investment and innovation.
They said, “The implications extend beyond free expression. Nigeria’s economic future depends on its ability to innovate and attract investment in the digital age. However, the Cybercrimes Act’s misapplication, even in a small number of cases, risks detracting from the innovators and entrepreneurs the government wants to invest in Nigeria.
“The Cybercrimes Act also contributes to uncertainty abroad about Nigeria’s legal landscape. Its vague provisions make it difficult for businesses and investors to assess legal risks, hindering investment in industries that rely on digital content. Reform is needed to protect both citizens’ rights and Nigeria’s future.”
The statement welcomed the commitment of the Minister of Information and National Orientation, Mohammed Idris, to review the Act in collaboration with lawmakers and stakeholders.
The diplomats urged the National Assembly to move swiftly, make the review process transparent, and involve public consultation.
“The undersigned Heads of Mission in Nigeria encourage Nigerian lawmakers to consider reform of the Cybercrimes Act to narrow the definitions of key terms such as “false information,” cyberstalking,” insult,” hatred,” and “harassment,” and ensure those definitions cannot be used erroneously to silence critics and censor expression.
“As friends of Nigeria who share the country’s strong commitment to democratic values, we want Nigeria to realise its potential as a democratic digital powerhouse. We would therefore welcome the Nigerian government amending the Act to strike a balance between protecting citizens while preserving human rights, including free expression.
“This will be a difficult balance to strike but it is vital for delivering what Nigeria wants: a stable and open democracy, and economic growth underpinned by investment,” the diplomats advised.
Highlighting international support for Nigeria’s digital governance, the statement pointed to technical assistance being provided through the Council of Europe’s Global Action on Cybercrime project.
However, the diplomats expressed concern over repeated delays in the review process and urged lawmakers to prioritise the reform.
They lamented, “However, the deadline for the Act’s review has consistently been delayed, and we urge Nigerian lawmakers to make this review a priority, and ensure it is open to public consultation and debate.”
“Free expression is a precious commodity that relies on all of us to respect it. It is a fundamental tenet of Nigeria’s constitution.
“Nigerians, and any citizens of countries around the world, should be able to hold and express their views, even if those opinions are unpopular,” the joint statement read.
The PUNCH
