Heads of Mission from the United States, United Kingdom, Finland, Norway, and Canada have jointly called on the Nigerian government to urgently reform the 2015 Cybercrimes Act, citing concerns that its vague and overly broad provisions threaten freedom of expression and hinder Nigeria’s digital and economic growth.
In a joint statement released on Thursday to commemorate Nigeria’s Democracy Day, the diplomats acknowledged the country’s 26 years of democratic governance and underscored that free expression remains a cornerstone of any thriving democracy.
The statement was signed by Richard 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).
Citing President Bola Tinubu’s own remarks during the 2024 Democracy Day celebrations on the importance of diverse perspectives for democratic progress, the envoys said recent amendments to the Cybercrimes Act pose a risk to such democratic values.
They referenced an opinion by Nigeria’s National Human Rights Commission warning that the law, under its current form, is vulnerable to misuse and could be employed to arrest and prosecute journalists, activists, and ordinary citizens for expressing dissent online.
While recognising that the law’s initial intent was to combat cyber fraud—an issue the Nigerian Communications Commission estimates costs the country over $500 million annually—the envoys argued that the legislation is increasingly being weaponised to stifle criticism.
One such example cited was that of activist and author Dele Farotimi, who faced multiple charges under the Act after publishing allegations of judicial corruption. Though the charges were eventually dropped, the case highlighted how the law could be used to suppress dissent.
According to the diplomats, the misuse of the Act not only threatens democratic accountability but could also damage investor confidence and derail innovation in Nigeria’s growing digital economy.
“Misuse of the Cybercrimes Act undermines democratic advancement and civic participation. It also jeopardises the confidence of investors and risks deterring the innovation needed for economic growth,” they stated.
They stressed that ambiguous language in the Act—particularly around terms such as “false information,” “cyberstalking,” and “harassment”—creates legal uncertainty that deters digital investment and innovation.
The diplomats noted, “Nigeria’s economic future depends on its ability to innovate and attract investment in the digital age. However, the Cybercrimes Act’s misapplication, even in a small number of cases, risks detracting from the innovators and entrepreneurs the government wants to invest in Nigeria.”
They welcomed the commitment of the Minister of Information and National Orientation, Mohammed Idris, to review the Act with lawmakers and stakeholders, but urged the National Assembly to act swiftly and ensure the process is transparent and inclusive of public input.
“The undersigned Heads of Mission in Nigeria encourage Nigerian lawmakers to consider reform of the Cybercrimes Act to narrow the definitions of key terms such as ‘false information,’ ‘cyberstalking,’ ‘insult,’ ‘hatred,’ and ‘harassment,’ and ensure those definitions cannot be used erroneously to silence critics and censor expression.”
They further stated that amending the Act to strike a balance between protecting national interests and safeguarding human rights—particularly freedom of expression—would support Nigeria’s aspiration to become a democratic digital powerhouse.
Highlighting technical assistance being provided to Nigeria through the Council of Europe’s Global Action on Cybercrime project, the diplomats expressed frustration at delays in the review process and called for lawmakers to prioritise the reforms.
“Free expression is a precious commodity that relies on all of us to respect it. It is a fundamental tenet of Nigeria’s constitution. 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 concluded.
ADEOLA KUNLE
