Heads of Mission from five Western countries have urged Nigerian lawmakers to reform the controversial Cybercrimes Act, warning that the misuse of the law risks stifling free expression and undermining the country’s economic prospects in the digital age.
In a joint statement issued on Thursday to commemorate Nigeria’s Democracy Day, the envoys from the United States, United Kingdom, Finland, Norway, and Canada raised alarm over what they described as “broad and vague provisions” in the amended 2015 Cybercrimes Act.
They cautioned that the legislation, while aimed at addressing cyber fraud, is increasingly being weaponised to silence dissent.
The statement, 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), commended Nigeria’s 26 years of democratic governance. However, they stressed that democracy must be anchored in the protection of fundamental freedoms.
“Free expression is a precious commodity that relies on all of us to respect it. It is a fundamental tenet of Nigeria’s constitution,” the diplomats stated. “Nigerians, and any citizens of countries around the world, should be able to hold and express their views, even if those opinions are unpopular.”
Referencing remarks by President Bola Tinubu during the 2024 Democracy Day celebration, the statement highlighted the importance of “diverse perspectives and viewpoints” in democratic progress. The diplomats argued that sections of the Cybercrimes Act are being used to suppress these very principles.
The Act, originally passed in 2015 and amended in 2024, was intended to combat rising cybercrime, which the Nigerian Communications Commission estimates costs the country up to $500 million annually. However, human rights advocates and legal experts have warned that certain provisions of the law such as those relating to “cyberstalking”, “insults”, “harassment”, and “false information” are being exploited to target journalists, activists, and ordinary citizens.
One such case cited by the diplomats involved activist and author Dele Farotimi, who was charged under the Cybercrimes Act after publishing claims of judicial corruption. Although the charges were eventually dropped, the incident, according to the envoys, exemplifies how the law can be misused to chill public discourse.
“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,” the statement warned.
The envoys stressed that legal ambiguity around key terms in the Act creates uncertainty that could discourage digital investment and entrepreneurship in Nigeria.
They explained, “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.”
According to the joint statement, the vague legal framework not only poses risks for human rights but also casts doubt on Nigeria’s legal landscape among international investors. “Its vague provisions make it difficult for businesses and investors to assess legal risks, hindering investment in industries that rely on digital content,” the diplomats added.
The envoys welcomed the commitment of Nigeria’s Minister of Information and National Orientation, Mohammed Idris, to lead a review of the Act in collaboration with the National Assembly and relevant stakeholders. They urged lawmakers to accelerate the reform process and ensure that it is transparent and participatory.
“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,” they said.
They added, “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.”
The statement also pointed to ongoing technical support from the Council of Europe’s Global Action on Cybercrime project, aimed at enhancing Nigeria’s digital governance. Despite this assistance, the diplomats expressed frustration over the continued delay in the law’s review.
“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,” the statement concluded.
