ECOWAS Court Begins Hearing SERAP’s Suit against Nigeria Over Cybercrime Law

Wale Igbintade 

The ECOWAS Community Court of Justice sitting in Lagos has commenced hearing a fundamental rights suit filed by the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government of Nigeria.

The case, which opened before a panel led by the Court’s President, Justice Ricardo Cláudio Monteiro Gonçalves, featured appearances by Kehinde Oyewunmi for SERAP and Okoye Princewill for the federal government.

At the start of proceedings, government counsel informed the court of a pending motion seeking an extension of time to file a response, a request unopposed by SERAP. 

The judge directed both parties to proceed with oral arguments.

Mr. Oyewunmi, representing SERAP, told the court that the case was filed on January 9, 2025, to protect the rights of Nigerian citizens. 

He argued that Section 24 of the Cybercrime Act has been misused by law enforcement officers to suppress freedom of expression, in violation of international human rights standards. 

He urged the court to declare the section incompatible with those standards, noting that SERAP had filed an affidavit and detailed factual submissions to support its claims.

In opposition, government counsel Mr. Okoye said they only received SERAP’s filings on May 7 and needed time to fully review the case.

He challenged the ECOWAS Court’s jurisdiction, arguing it lacked the authority to interpret Nigeria’s domestic laws. 

He also claimed that SERAP failed to provide credible evidence of human rights violations, relying instead on unverifiable online sources and hearsay, especially in an era of widespread misinformation.

Okoye urged the court to dismiss the suit for lack of jurisdiction and insufficient evidence.

Justice Gonçalves concluded the session by stating that the court would announce a date for judgement in due course.

The case has drawn significant public attention amid growing concerns over digital rights, online speech, and government surveillance in Nigeria.