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U.S., U.K., others urge Nigeria to amend Cybercrimes Act to protect free speech and boost economy

In a joint Democracy Day statement, the heads of missions from the United States, United Kingdom, Finland, Norway, and Canada have called on Nigerian lawmakers to urgently review and amend the Cybercrimes Act to prevent its misuse and safeguard freedom of expression.

The diplomats — Richard M. 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) — congratulated Nigerians on 26 years of democratic rule but raised serious concerns over increasing incidents of the Act being used to silence dissent.

“Healthy democracies are formed of many important ingredients,” the statement read, highlighting free speech as a core democratic value enshrined in Nigeria’s Constitution. The envoys warned that the current wording of the Cybercrimes Act, particularly following amendments in 2024, allows for broad and vague interpretations that could be exploited to suppress public discourse.

Referencing a 2022 ruling by the ECOWAS Court of Justice, which found the Act to be inconsistent with Nigeria’s obligations under international human rights treaties, the missions warned that the misuse of the legislation risks eroding democratic accountability and discouraging civic participation.

A recent example cited was the case of author and activist Dele Farotimi, who was charged with 12 counts under the Act after publishing allegations of judicial corruption. Though the charges were later dropped, his detention, cross-state transfer, and court appearance in handcuffs illustrated what the statement described as “a troubling misuse” of a law originally designed to fight online fraud and cyberterrorism.

The National Human Rights Commission (NHRC) has previously flagged Section 24 of the Act as particularly problematic. According to the NHRC, vague terms like “cyberstalking,” “false information,” “insult,” and “harassment” have frequently been used against journalists, bloggers, and ordinary citizens simply for expressing their opinions.

The missions acknowledged Nigeria’s legitimate struggle with cybercrime — the Nigeria Communications Commission (NCC) estimates losses of $500 million annually — but argued that the solution must not infringe on fundamental rights. Instead, they advocated for narrowing the definitions of key terms in the law to prevent abuse.

The diplomats welcomed the commitment by Minister of Information and National Orientation, Mohammed Idris, to engage with the National Assembly and stakeholders on reviewing the Act. They also noted that Nigeria is receiving technical assistance through the Council of Europe’s Global Action on Cybercrime project, but warned that the legislative review process has been beset by repeated delays.

“This is a difficult balance to strike, but it is vital,” the statement concluded. “Free expression is a precious commodity… 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 statement reflects growing international pressure on Nigerian authorities to uphold democratic norms and create a more enabling environment for civic engagement and digital innovation — crucial components for the country’s democratic stability and economic progress.

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