Socio-Economic Rights and Accountability Project (SERAP) and Nigeria Guild of Editors (NGE) have urged “the government of President Bola Tinubu, Nigeria’s state governors, lawmakers and other actors to immediately stop the ongoing intimidation and harassment of journalists, activists, bloggers and civil society organizations (CSOs) in the country simply for the peaceful exercise of their human rights.”
The groups called on “Nigerian authorities to end the use of some provisions of the Cybercrimes Act, criminal and penal codes and other repressive laws to target journalists, activists, CSOs, and critics peacefully expressing their views online, and immediately release those arbitrarily detained across the country.”
The groups said, “Using repressive laws and strategic lawsuit against public participation (SLAPP) lawsuits to intimidate and harass journalists, activists, bloggers and CSOs erodes democracy, respect for human rights and the rule of law in Nigeria.”
The statement followed the press conference and interactive session titled: ‘The Escalating Restrictions on Civic Space, Media Freedom and the Deterioration of Rule of Law in Nigeria’, held today at the Radisson Hotel, Ikeja.
The event was jointly organized by SERAP and NGE to mark the International Human Rights Day.
The groups also said, “the use of repressive laws and SLAPP lawsuits to crackdown on peaceful dissent is entirely inconsistent with the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.”
According to the groups, “Nigerian authorities at all levels should show that they tolerate peaceful dissent and media freedom if the Nigerian people are to have any chance of holding them accountable on their constitutional oath of office, commitments and promises.”
The statement, read in part: “Criminal defamation and SLAPP lawsuits are neither necessary nor proportionate under the Nigerian Constitution and human rights treaties to which Nigeria is a state party. Such lawsuits generate a chilling effect that inhibits the enjoyment of human rights and circulation of ideas and information.”
“A lawsuit challenging the legality and compatibility of some provisions of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 with the rights to freedom of expression and information is pending before the ECOWAS Court.”
“As a matter of the rule of law, security and law enforcement agencies cannot and should not use the amended Act to continue to silence peaceful dissent pending the hearing and determination of the lawsuit by the court.”
“We are deeply concerned that Nigerian authorities at all levels and other actors continue to use repressive laws and misuse the judicial processes to normalize repression of the rights of journalists, bloggers, human rights defenders, activists, opposition politicians, artists and other Nigerians.”
“Impunity for those who threaten, intimidate and harass journalists, bloggers, human rights defenders and activists contributes to the hostile environment for these defenders of constitutionally and internationally guaranteed human rights in Nigeria.”
“We note that the restrictions on civic space, human rights violations and suppression of the press in recent times take various forms ranging from extrajudicial to unlawful detentions, disappearances, malicious prosecutions and wrongful use of both legislation and law enforcement.”
“Since the amendment of the Cybercrime Act in 2024, Nigerian authorities at all levels have consistently used the provisions of the Cybercrime Act including the provisions of section 24 on “cyberstalking” to harass, intimidate, arbitrarily arrest and detain and unfairly prosecute users of social media, activists, and journalists.”
“Nigerian authorities at all levels increasingly use criminal defamation laws and other repressive laws to crack down on human rights and peaceful dissent, bringing frivolous lawsuits against journalists, bloggers, human rights defenders and activists.”
“We are also concerned about the persistence of threats to journalists’ safety, and the potential chilling effect of strategic lawsuits against public participation (SLAPPs) and harassment, including by security agencies and politicians.”
“We note that journalists, bloggers, human rights defenders and activists play an indispensable role in documenting and reporting on human rights violations.”
“The right to freedom of expression applies to all kinds of information and ideas, including those that may shock, offend or disturb, and irrespective of the truth or falsehood of the content.”