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SERAP to Akpabio, Abbas: Withdraw social media shutdown bill or face legal action

The Socio-Economic Rights and Accountability Project (SERAP) has asked the President of the Senate, Godswill Akpabio and the Speaker of the House of Representatives, Tajudeen Abbas, to immediately withdraw the Nigeria Data Protection (Amendment) Bill, 2026, describing it as a disguised attempt to regulate social media and shut down digital platforms in Nigeria.

In a letter dated July 18, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said the Bill sponsored by Senator Ned Nwoko (APC, Delta North) is incompatible with the Nigerian Constitution and international human rights standards.

The controversial Bill seeks to compel all social media platforms, data controllers, and data processors operating in Nigeria, including Facebook, X (formerly Twitter), TikTok, Instagram and others, to establish physical offices in the country.

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It also empowers the Nigeria Data Protection Commission (NDPC) to shut down or prohibit the operations of any company that fails to comply within 30 days.

SERAP warned that the proposal would give the Federal Government sweeping powers to exclude platforms from Nigeria and violate millions of Nigerians’ rights to freedom of expression, access to information, and media freedom.

“Requirements compelling technology companies to establish local offices would increase government leverage over platforms, facilitate political pressure, make censorship demands easier and expose local employees to retaliation,” SERAP said.

According to the rights group, the Nigeria Data Protection (Amendment) Bill 2026 revives similar proposals previously introduced by Senator Nwoko that faced widespread public opposition.

“The current Bill revives substantially similar proposals previously introduced by Senator Nwoko, raising renewed concerns that localisation requirements are being used as a vehicle for expanding governmental control over digital platforms and online expression,” the letter reads.

SERAP argued that the Bill constitutes a backdoor attempt to achieve what the National Assembly cannot achieve directly through social media regulation.

SERAP said the Bill risks recreating the illegality condemned by the ECOWAS Court of Justice in SERAP and Others v. Federal Republic of Nigeria, where the court held that the suspension of Twitter in 2021 violated freedom of expression and access to information under the African Charter.

“Although the present Bill differs from the Twitter suspension in form, it creates the possibility of achieving the same result indirectly by empowering regulators to prohibit digital platforms from operating in Nigeria,” SERAP stated.

The organisation also noted that the Bill lacks basic procedural safeguards, including prior judicial authorisation, consideration of less restrictive alternatives, and assessment of its impact on millions of Nigerians.

“The Bill cannot survive scrutiny under Section 45 of the Nigerian Constitution, which permits restrictions on fundamental rights only where they are prescribed by law, pursue a legitimate objective and are reasonably justifiable in a democratic society,” SERAP added.

SERAP further warned that mandatory localisation will increase compliance costs for startups, AI developers, and small tech companies, undermining the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy.

“No major democratic jurisdiction requires every social media platform to establish a physical office as a blanket precondition for providing services,” it said.

The group issued a final warning to the National Assembly leadership to reject the Bill or face litigation.

“Should the Bill be enacted into law in its current or substantially similar form, SERAP shall promptly take all appropriate legal actions to challenge its legality in the public interest and to ensure that Nigerians’ fundamental rights are fully protected,” SERAP said.

SERAP urged the National Assembly to demonstrate commitment to constitutional democracy by immediately withdrawing what it described as a threat to Nigeria’s digital future.