According to a statement issued on Sunday, the SERAP Deputy Director, Kolawole Oluwadare, said the group is suing the government for what it described as “the frequent and repressive application of the Cybercrime Act to harass, intimidate, arbitrarily arrest, detain, and unfairly prosecute anyone found publishing views or facts perceived to be critical of the government at the federal and state levels and government officials.”
In the suit number ECW/CCJ/APP/09/19 filed by its Solicitor Femi Falana last week at the ECOWAS Court, SERAP argued that: “The Federal Government and several state governments and their agents have trampled on the rights to freedom of expression and information of bloggers, journalists, activists, and social media users through the repressive use and implementation of the vaguely worded provisions of the Cybercrime Act.”
SERAP stressed that the idea of democracy is that the people are encouraged to express their criticisms of elected government officials, with the expectation that it will improve the process of government.
In cases of alleged defamation of government officials, the group believes sanctions should “not be so large as to exert a chilling effect on freedom of opinion, expression and media freedom; penal sanctions, in particular imprisonment, should never be applied”.
SERAP is, therefore, seeking the following reliefs:
1. A declaration that the actions of the defendants and its agents and several states of Nigeria in arbitrarily enforcing the provisions of the Cybercrime (Prohibition, Prevention, etc) Act 2015 particularly its section 24 to harass, intimidate, arrest, detain, prosecute and imprison journalists, bloggers, and social media users, violate the rights to freedom of expression, information, opinion and privacy and media freedom, guaranteed under Articles 6,8,9 and 24 of the African Charter on Human and Peoples’ Rights; Articles 7,9,17 and 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party
2. A declaration that the provisions of the Cybercrime (Prohibition Prevention, etc) Act 2015 are entirely inconsistent and incompatible with international human rights standards and infringe on the rights to the freedom of expression, information and opinion guaranteed under the African Charter on Human and Peoples’ Rights
3. A declaration that the continuing use and application by the Defendant and its agents and several states in Nigeria of the Cybercrime is illegal and unlawful, as it amounts to breaches of obligations to respect, protect, promote and fulfil the rights to freedom of expression and information and media freedom
4. An order directing the defendant to immediately repeal and/or amend the Cybercrime (Prohibition, Prevention, etc) Act 2015 in line with Nigerian obligations under international human rights law
5. An order directing the defendant and/or its agents and several states of Nigeria to provide effective remedies and reparation, including adequate compensation, restitution, satisfaction or guarantees of non-repetition that the Honourable Court may deem fit to grant to human rights defenders, activists bloggers, journalists and other online and off-line media practitioners that have been harassed, intimidated, unlawfully arrested, detained, and unfairly prosecuted by the Defendant.
A date is yet to be fixed for the hearing of the suit.
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