The Socio-Economic Rights and Accountability Project (SERAP) has expressed concern over what it described as the persistent use of criminal defamation lawsuits by the administration of President Bola Tinubu against activists, journalists, bloggers, and citizens for peacefully exercising their fundamental human rights.
SERAP’s reaction followed Friday’s ruling by the Federal High Court in Abuja dismissing the no-case submission filed by activist Omoyele Sowore in a case instituted against him by the Department of State Services (DSS) over alleged cyberbullying of the president.
In a statement issued on Friday on it’s official Facebook page after the court ruling, the rights organisation said although it respected the judiciary and the principle of due process, the continuation of the prosecution raised “significant human rights concerns,” especially regarding freedom of expression in Nigeria.
According to SERAP, the charges against Sowore appeared to arise from the peaceful expression of opinions on issues of public interest.
“International human rights law is clear that public officials, including heads of state, are subject to a higher threshold of criticism. Criminal proceedings based on critical or offensive speech risk undermining democratic accountability and open debate,” the organisation stated.
SERAP further warned that the continued prosecution of the activist could create a chilling effect on journalists, civil society actors, and ordinary citizens seeking to express dissenting opinions or demand accountability from those in authority.
The organisation also criticised the use of what it described as broadly framed cybercrime laws to penalise speech, saying such actions pose a threat to civic space and democratic freedoms in the country.
Citing Section 39 of the 1999 Constitution, SERAP stressed that every Nigerian has the right to freedom of expression, including the right to hold opinions and share information without interference.
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The group added that the constitutional provision is reinforced by Article 19 of the International Covenant on Civil and Political Rights as well as Article 9 of the African Charter on Human and Peoples’ Rights, both of which Nigeria is a signatory to.
SERAP called on Nigerian authorities to immediately withdraw all criminal defamation charges against Sowore, insisting that the charges are inconsistent with Nigeria’s constitutional and international human rights obligations.
The organisation also urged the government to discontinue similar defamation cases against journalists, activists, and human rights defenders facing prosecution over the peaceful exercise of their rights.
In addition, SERAP called on authorities to comply fully with the judgment of the ECOWAS Court of Justice on the Cybercrimes Act by repealing what it termed “repressive provisions” of the law, including Section 24.
The group further urged the National Assembly to review and amend laws vulnerable to abuse, particularly sections of the Cybercrimes Act, to ensure compliance with international human rights standards.