By Damilola Ogunsakin

As Nigeria commemorates over two decades of democratic governance, international partners including the United States, United Kingdom, Finland, Norway, and Canada have joined voices with civil society to call attention to a growing concern: the misuse of Nigeria’s Cybercrimes Act and its troubling implications for freedom of expression and economic growth.

In a joint Democracy Day statement, the Heads of Missions of these countries praised Nigeria’s democratic resilience and commitment to dialogue and pluralism, but also warned of the mounting risks posed by the controversial application of the Cybercrimes (Prohibition, Prevention, etc.) Act, originally passed in 2015 and recently amended in 2024.

While the Act was designed to combat online fraud, cyberattacks, and protect the digital economy, evidence suggests that it is increasingly being used to suppress dissent and silence critics. Nigeria’s own National Human Rights Commission (NHRC) recently issued an advisory raising concerns about vague provisions in the law—particularly Section 24—being misapplied to arrest and prosecute journalists, activists, bloggers, and ordinary social media users.

A glaring example is that of Dele Farotimi, a lawyer and activist who was charged with 12 counts of cybercrime after publicly commenting on alleged judicial corruption. His arrest, transfer across state lines, and public arraignment in handcuffs sparked public outrage. Although the charges were eventually dropped, the damage was already done—both to Farotimi and to the principle of free expression in Nigeria.

The implications of this misuse extend far beyond individual cases. According to the NCC, Nigeria loses an estimated \$500 million annually to cybercrime, underscoring the need for robust cybersecurity laws. However, when those laws are ambiguous and open to misuse, they do more harm than good. Businesses and foreign investors hesitate to operate in jurisdictions where the legal landscape is unpredictable. Innovation stalls when digital entrepreneurs fear prosecution for expressing legitimate opinions or engaging in public discourse.

Reforming the Act, therefore, is not just a human rights issue—it is an economic imperative. Clarity in law creates confidence, and confidence breeds investment. The Heads of Missions have urged Nigerian lawmakers to narrow the definitions of terms such as “false information,” “cyberstalking,” “insult,” and “harassment” to prevent arbitrary interpretation and misuse. They also stressed the importance of public consultation and transparency in the ongoing review process.

Encouragingly, Nigeria’s Minister of Information and National Orientation, Mohammed Idris, has pledged collaboration with the National Assembly and other stakeholders to revisit the law. Support is also coming from the international community, with the Council of Europe’s Global Action on Cybercrime project providing technical assistance to help bring Nigeria’s legislation in line with international best practices. But delays have plagued the review process. The time to act is now.

As the world watches Nigeria rise as a digital and democratic powerhouse in Africa, safeguarding the fundamental right to free expression is paramount. Democracies thrive on dissent, debate, and diversity of thought. Without these, economic growth and civic trust will remain stunted.

The message from Nigeria’s international allies is clear: free speech is not a threat to national security—it is the bedrock of democracy and prosperity. Reforming the Cybercrimes Act is a necessary step toward building a more open, innovative, and inclusive Nigeria.

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