News
Obey ECOWAS Judgement, SERAP Tells Buhari
Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “enforce the judgement by the ECOWAS Court of Justice compelling your government to delete the offence of ‘insulting or stalking public officials online’ from the Cybercrime Act.”
SERAP urged him to “urgently send an executive bill to the National Assembly to repeal the unlawful provisions, and reform all laws, which are inconsistent and incompatible with freedom of expression and media freedom.”
The judgement, delivered by the court last week in Accra, Ghana followed the suit number ECW/CCJ/APP/09/19 brought by SERAP.
SERAP also urged him to “direct the Attorney General of the Federation and Minister of Justice,Mr Abubakar Malami, SAN to withdraw all pending charges of ‘insulting or stalking public officials online’ against activists, critics and journalists, and immediately ensure their release from unlawful detention.”
SERAP urged him to ensure that “those who have faced unfair prosecutions under the unlawful provisions receive adequate compensation.”
In the open letter dated April 2, 2022, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said, “This judgement is a victory for many Nigerians who continue to face harassment, intimidation and unfair prosecutions solely for peacefully exercising their human rights online.”
The provisions of Section 24 of the Cybercrime Act, among others, criminalise sending or causing to be sent an “offensive, insulting or annoying message via a computer system or network.”
The offence is punishable, including by a fine of up to N7,000,000.00 or imprisonment of up to three years or both.
SERAP had argued before the ECOWAS Court that, “The Federal Government and several state governments have used the vaguely worded provisions of the Cybercrime Act to trample on the rights to freedom of expression and information of bloggers, journalists, activists, and social media users.”
In its judgement, the court agreed, and ruled that “Section 24 of Cybercrime Act is inconsistent and incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.”
The court then ordered the Federal Government to “amend section 24 of the Cybercrime Prohibition Act in accordance with Nigerian obligations under Article 1 of the African Charter on Human and Peoples’ Rights.”
The letter, read in part: “The immediate enforcement and implementation of the judgement by your government will be a victory for the rule of law, the right to freedom of expression and media freedom online. This will improve citizens’ participation in their own government, and provide an impetus for the anti-corruption fight.
“By implementing the judgement, your government will be demonstrating Nigeria’s leadership within the ECOWAS sub-region, and sending a powerful message to other countries to embrace the rule of law and human rights.
“With the ECOWAS Court judgement, all federal and state authorities must now stop using the provisions of section 24 of the Cybercrime Act to target, harass, intimidate, arbitrarily arrest and detain and unfairly prosecute social media users, activists, and journalists who express views perceived to be critical of governments.
“SERAP notes that Article 15(4) of the ECOWAS Treaty makes the Judgement of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the court shall be final and immediately enforceable.
“Furthermore, non-compliance with the judgement of the court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.
“SERAP trusts that you will see compliance with this judgement as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality, constitutionality. We, therefore, look forward to your positive response and action on the judgement.
“The judgement read by Hon. Justice Gberi-De Quattara (presiding judge), Hon. Justice Dupe Atoki (member) and Hon. Justice Keikura Bangura (member), chronicled details of Nigerian government officials using the Cybercrime Act, particularly its Section 24 as a pretext to harass, intimidate, detain, prosecute and imprison activists, journalists, bloggers, and social media users.
“In its judgement, the ECOWAS Court held that ‘The court has the jurisdiction to hear and determine the suit. In a plethora of decisions, the court has upheld that the mere allegation of human rights violations is sufficient to invoke this human rights mandate pursuant to Article 9 (4) of the Supplementary Protocol.’
“In view of the fact that this application is premised on human rights violations pursuant to Article 9(4) of the supplementary protocol, the court holds that it has jurisdiction to hear and determine the suit.
“According to the ECOWAS Court, ‘The allegation of SERAP before the Court for determination on merit is whether the provision of the Cybercrime Act has violated the right to freedom of expression, information, opinion, and privacy in contravention of Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Convention on Civil and Political Rights.’
“The ECOWAS Court then stated that, ‘Section 24 of the Cybercrime Act is not in conformity with Article 9 of the African Charter and Article 19 of the International Convention on Civil and Political Rights. As for reparation, Nigerian Government is ordered to amend Section 24 of the Cybercrime Act, in accordance with the obligations under Article 1 of the African Charter of Human and Peoples’ Rights.’
“SERAP also notes that by virtue of Article 24(4) of the Protocol A/P.1/7/91 relating to the ECOWAS Community Court of Justice as amended by the Supplementary Protocol A/SP.1/01/05 in January, 2005, every member state of the Economic Community of West African States is required to designate a National Authority for the enforcement of the judgements of the Community Court of Justice.”
“Pursuant to the provisions of the article 24 of the Protocol of the Community Court, the Federal Government decided in 2014 to designate the office of the Attorney-General of the Federation and Minister of Justice as the Competent National Authority for the enforcement of the decisions of the court in Nigeria.”
The letter was copied to Mr Malami.
City Crime
Ministry Raises Concern Over Rising Teenage Pregnancies, Begins Adolescent Sensitisation Campaign
The Department of Public Health in the Rivers State Ministry of Health has raised concern over the increasing cases of teenage pregnancies in society as it intensifies efforts to educate adolescents across the state.
Programme Manager for Adolescent Health and Development in the department, Mrs. Tammy Briggs, expressed the concern during a sensitisation programme held at Government Girls Secondary School Rumueme in Obio/Akpor Local Government Area of Rivers State.
Briggs explained that the campaign was designed to educate adolescents on the dangers of teenage pregnancy and other health-related issues affecting young people.
According to her, teenage pregnancy is currently on the rise, making it necessary for the ministry to step up awareness programmes among students.
“This is something that is on the rise for now. We have observed that there are many cases of teenage pregnancies, so we are here to sensitise them on ways to prevent it entirely,” she said.
She disclosed that the sensitisation campaign is being carried out in selected schools across four local government areas of the state, namely Obio/Akpor Local Government Area, Port Harcourt City Local Government Area, Ogba/Egbema/Ndoni Local Government Area and Eleme Local Government Area.
Briggs noted that the programme focuses on several key issues affecting adolescents, including sexual and reproductive health, gender-based violence, teenage pregnancy, substance abuse, emotional health and proper nutrition.
She added that the outreach programme also featured tuberculosis screening for students as well as the distribution of sanitary pads and mathematical sets to support their health and academic development.
The programme manager commended the management of Government Girls Secondary School Rumueme for their cooperation and support in hosting the sensitisation exercise. She also advised the students to avoid behaviours that could jeopardise their future.
Speaking during the session, Dr. Nwadike Chinonso urged the students to make informed decisions about their lives and remain focused on their education.
He cautioned them against engaging in early sexual activities, stressing that abstinence remains one of the most effective ways to prevent sexually transmitted infections and unintended pregnancies.
Some of the students who participated in the programme expressed appreciation to the team for the awareness campaign and pledged to apply the knowledge gained to make responsible life choices.
News
Extortion, Contraband Scandal Erupts At Kwale Custodial Centre
Disturbing allegations of extortion, intimidation and the smuggling of prohibited items have unsettled the Kwale Medium Security Custodial Centre (MSCC) in Delta State, prompting calls for urgent intervention by the national authorities of the Nigeria Correctional Service amid fears of potential security breaches within the facility.
The development was disclosed by a senior officer at the Delta State custodial facility, who expressed concern over what was described as entrenched irregularities capable of undermining discipline and operational standards at the centre.
According to the source, detailed findings compiled between December 2025 and January 2026 highlighted patterns of misconduct and warned of possible security consequences should the allegations remain unchecked.
At the centre of the claims is a powerful corrections official serving as Officer in Charge of the Kwale facility, accused of presiding over persistent financial extortion, high-handedness and the victimisation of inmates under his supervision.
The document further indicated that the alleged practices may have originated during the tenure of a former General Provost, reportedly with the collaboration of another senior custodial official within the system.
Intelligence details suggested that inmates were allegedly compelled to contribute funds for projects and items considered outside the statutory framework of inmate welfare, raising questions about compliance with established correctional guidelines.
Among the financial demands reportedly imposed were ¦ 300,000 for the repair of a Hilux vehicle, ¦ 600,000 for the purchase of a freezer and ¦ 750,000 for a generator allegedly designated for the Officer in Charge’s residence.
The report also alleged that inmates were required to make payments before being conveyed to court, while Awaiting Trial Persons in Cells One to Nine were directed to raise ¦ 30,000 per cell, with Convict Cells One to Three, including a designated VIP cell, similarly mandated to pay ¦ 30,000 monthly.
Observers noted that if substantiated, such practices would amount to grave breaches of professional ethics and custodial administration standards, eroding principles of fairness, transparency and inmate welfare within correctional institutions.
Beyond the financial allegations, the intelligence brief raised concerns over the purported possession of unauthorised communication devices, alleging that a serving General Provost had two Android phones while another influential inmate was also reportedly found with a mobile device.
The document further alleged that prohibited items, including alcoholic beverages, Indian hemp and other hard substances, may have been smuggled into the custodial yard under the guise of routine supervision duties, with security sources warning that the cumulative effect of extortion, intimidation and contraband trafficking has heightened tension within the facility.
In view of the gravity of the allegations, they called for an immediate and discreet investigation by the minister of Interior for immediate action to safe the life of inmates.
The administrative review of implicated officers, even as officials of the Nigeria Correctional Service had yet to issue an official statement, with stakeholders insisting that a transparent probe and decisive action are essential to restoring confidence and safeguarding institutional integrity at the Kwale Medium Security Custodial Centre.
News
SERAP Sues FG Over Phone-Tapping Rules
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Bola Tinubu at the ECOWAS Community Court of Justice over the government’s alleged failure to withdraw “unlawful mass phone-tapping rules” known as the Lawful Interception of Communications Regulations, 2019.
LICR 2019 is a regulation that authorises telecom licensees to install technology for security agencies to monitor communications, including voice, data, text, email, and browsing, for national security and to combat crime.
SERAP, in a statement signed by its Deputy Director, Kolawole Oluwadare, yesterday, said the suit followed allegations by former Kaduna State Governor, Nasir El-Rufai, that the phone conversation of the National Security Adviser, Nuhu Ribadu, was intercepted.
El-Rufai reportedly claimed, “The NSA’s call was tapped. They do that to our calls too, and we heard him saying they should arrest me.”
In the suit numbered ECW/CCJ/APP/11/26, filed last Friday at the ECOWAS Community Court of Justice in Abuja, SERAP is seeking “a declaration that the failure of the government to withdraw the Interception of Communications Regulations is unlawful and a violation of Nigeria’s international human rights obligations.”
The organisation is also asking the court to declare that the government’s failure to withdraw the regulations “constitutes an official endorsement of unlawful mass phone-tapping rules, as the Regulations are patently unlawful, and violate the rule of law, democratic principles, and the right to privacy.”
It is further seeking “an order directing and compelling the Nigerian government to immediately withdraw the Interception of Communications Regulations, and to commence a legislative process to ensure that any interception regulations are in conformity with Nigeria’s international human rights obligations.”
The suit, filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Oluwakemi Oni, Valentina Adegoke and Maryam Mumuni, argued that “the Regulations establish a sweeping mass phone-tapping regime that violates Nigerians’ constitutionally and internationally guaranteed human rights, including to privacy and freedom of expression.”
“Where powers affecting fundamental human rights are exercised in secrecy and concentrated in political authorities without independent supervision, the risks of arbitrariness are substantial.
“Surveillance measures that lack strict necessity, proportionality and independent judicial oversight can easily be weaponised against political opponents, journalists, civil society actors and election observers,” it added.
SERAP also warned that the regulations raise concerns as Nigeria approaches the 2027 general elections, noting that broad interception powers could be abused during politically sensitive periods.
“In an electoral climate, even the perception that private communications are being monitored can chill political organising, investigative reporting and voter mobilisation.
“Free and fair elections depend on confidential communications, protected journalistic sources and open democratic debate. Any misuse of intercepted data for intimidation, political advantage or disinformation would fundamentally undermine Nigerians’ right to political participation and electoral integrity.
“As 2027 approaches, interception powers must be narrowly defined, subject to prior independent judicial authorisation and backed by effective remedies. Without robust safeguards, these Regulations risk threatening privacy rights, freedom of expression and the credibility of Nigeria’s democratic process,” the suit stated.
SERAP maintained that any restriction on the right to privacy must comply with the principles of legality, necessity and proportionality, arguing that the regulations fail to meet these requirements.
SERAP also cited the Office of the United Nations High Commissioner for Human Rights as stating that mass surveillance programmes based on indiscriminate and blanket collection of personal data are arbitrary and cannot satisfy the requirements of legality, necessity and proportionality.
The group said the Nigerian government has a duty to adopt clear laws, safeguards, independent oversight mechanisms and accessible remedies to prevent abuse by state agencies and private actors, including telecommunications providers and technology companies.
According to SERAP, the Nigerian Communications Commission (NCC) adopted the Lawful Interception of Communications Regulations, 2019 while exercising its powers under Section 70 of the Nigerian Communications Act, 2003.
The organisation argued that Regulation 4 grants broad discretionary interception powers to the National Security Adviser and the State Security Services, with little clarity on the scope or limits of such authority.
SERAP also pointed to inconsistencies within the regulations, noting that while Regulation 4 and Regulation 12 restrict interception powers to the NSA and SSS, Regulation 23 expands the category of authorised agencies to include bodies such as the Nigeria Police Force, National Intelligence Agency, Economic and Financial Crimes Commission, National Drug Law Enforcement Agency, and any other agency the commission may designate.
The organisation said this ambiguity undermines legal certainty and creates the risk of arbitrary application and abuse.
It also criticised provisions allowing interception without a warrant in certain circumstances, arguing that such powers are overly broad and susceptible to misuse.
SERAP further expressed concern that the regulations do not require authorities to notify individuals who have been subjected to surveillance, which it said weakens the ability of citizens to challenge unlawful monitoring.
The organisation warned that requirements compelling telecommunications licensees to install interception equipment and disclose encryption keys could undermine cybersecurity and discourage privacy-enhancing technologies.
SERAP acknowledged the government’s responsibility to address national security and organised crime but argued that such measures must remain within constitutional and international human rights limits.
No date has been fixed for the hearing of the suit.
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