As Nigeria marks Democracy Day today, the heads of missions of the United States (U.S.), United Kingdom (UK), Canada, Finland and Norway have advised the Federal Government to prevent misuse of the Cybercrimes Act, to protect free speech and economic growth.
In an article by Richard Mills (Jr) of the U.S. Embassy, Richard Montgomery of British High Commission, Sanna Selin of Embassy of Finland, Svein Baera of Embassy of Norway and Pasquale Salvaggio of Canadian High Commission, the foreign missions congratulated the Nigerian people’s commitment to 26 years of democratic governance.
According to them, healthy democracies are formed of many important ingredients, noting that when marking 25 years of democracy in Nigeria in 2024, President Bola Tinubu underlined that in Nigeria, “there must be diverse perspectives and viewpoints.”
Nigeria’s Constitution, they observed, enshrines the right to freedom of expression, to protect its citizens’ rights and foster a society where people can debate and discuss ideas free from government control.
“This right, a principle of trusting ordinary citizens to have discussion in the virtual public square, remains vital today,” the envoys added.
The diplomats noted the concerns raised by the National Human Rights Commission (NHRC) about the 2015 Cybercrimes Act, the amendments made to it in 2024, and the law’s impact on free expression, last April. They added that the NHRC’s advisory on freedom of expression warned that it “has potential for abuse, particularly with respect to arrests and prosecutions of activists, journalists, bloggers, and ordinary social media users.”
They stated: “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,” referring to the case of Dele Farotimi, charged with 12 counts of cybercrime after he reported alleged corruption in the judiciary in a book and on a podcast.
“This distortion of the law’s original intent can lead to citizens becoming hesitant to speak out, weakening democratic accountability and potentially fuelling distrust in government.
“The Nigeria Communications Commission (NCC) estimates that the country loses $500 million yearly to cybercrime. This problem requires a response,” the write-up noted.
It, however, lamented that the Cybercrimes Act’s broad language left room for confusion and potential abuse, especially its vague definitions of ‘false information’, ‘cyberstalking’, ‘harassment’ and ‘insult’.
“The law’s broad scope allows it to be misused against Nigerian citizens seeking to express dissent, form opinions, or criticise powerful people.
“NHRC has called on law enforcement agents to ‘exercise caution’ in how they interpret the Act’s frequently used Section 24 to make sure that charges reflect an actual threat to public order.”
They, therefore, welcomed the commitment from the Minister of Information and National Orientation, Mohammed Idris, to collaborate with the National Assembly and relevant stakeholders in reviewing the Cybercrimes Act, so that it protects the values enshrined in the Constitution.
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