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The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to use his “good offices and leadership position to immediately enforce the judgment by the ECOWAS Court of Justice prohibiting prosecutions of anyone on the grounds of ‘insulting’ or ‘stalking’ public officials online.”
SERAP also urged the president to “enforce and implement the ECOWAS Court judgment compelling your government to respect, protect and promote freedom of expression, access to information and media freedom.”
In a letter dated April 1, 2023 and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation expressed “serious concerns about the shrinking civic space in the country as some state governors and government institutions are reportedly using section 24 of the Cybercrime Act and other repressive laws to crackdown on anyone seeking to assert their human rights, and media freedom.”
SERAP said: “Many Nigerians and media houses continue to face threats simply for speaking out and seeking to peacefully exercise their human rights and carry out their professional duties. This situation is contrary to the Nigerian Constitution 1999 [as amended] and the judgments by the ECOWAS Court.
“The immediate enforcement and implementation of the judgments by your government will be a victory for the rule of law, the right to freedom of expression and media freedom, including online.”
“These disturbing trends show the failure by your government to effectively comply with the country’s international obligations and the ECOWAS Court judgments on the Cybercrime Act and Twitter ban.
“If the two judgments are not immediately enforced and implemented, SERAP will consider seeking a writ of execution from the ECOWAS Court, and asking the ECOWAS Authority of Heads of State and Government to impose sanctions on your government for non-compliance with these judgments.
“By implementing the judgment, 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.
“The processes for the sanctions are provided for under the 2015 Supplementary Protocol, the 2012 Supplementary Act on Sanctions and the 1993 ECOWAS Revised Treaties. The sanctions may include judicial, economic and political sanctions.
“Section 27 of the Vienna Convention on the Law of Treaties provides that, ‘A State party to a treaty may not invoke the provisions of its internal law as justification for its failure to perform the treaty.
“SERAP urges you to urgently send an executive bill to the National Assembly to repeal the provisions of Section 24 of the Cybercrime Act on the offence of ‘insulting or stalking public officials online’ by ensuring the deletion of the provisions from the Act, as ordered by the ECOWAS Court.
“SERAP also urges you to direct Mr Abubakar Malami (SAN), the Attorney General of the Federation and Minister of Justice, to withdraw all charges of ‘insulting or stalking public officials online’ against activists, critics and journalists, ensure their release from unlawful detention, and pay adequate compensation to those who have faced unfair prosecutions on the basis of the unlawful provisions.”
