SERAP Urges Buhari to Obey ECOWAS Judgments, End Prosecution for Cyberstalking

SERAP Urges Buhari to Obey ECOWAS Judgments, End Prosecution for Cyberstalking

*Seeks reversal of N5m fine imposed on channels TV 

Udora Orizu in Abuja

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to use his 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 him 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.


The organisation further urged the president to instruct Minister of Information and Culture Lai Mohammed and the National Broadcasting Commission (NBC) to reverse the arbitrary and unlawful fine of N5 million imposed on Channels TV for allegedly violating the NBC code in a programme with the Labour Party vice-presidential candidate, Datti Baba-Ahmed.


In a letter dated 1 April, 2023 and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation expressed concerns about the shrinking civic space in the country as some state governors and government institutions were reportedly using the section 24 of the Cybercrime Act and other repressive laws to crackdown on anyone seeking to assert their human rights, and media freedom.


SERAP urged the president to 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.
The letter read in part: “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.
“Some of the troubling trends showing restrictions on freedom of expression, access to information and media freedom include the recent arbitrary detention of journalist Agba Jalingo for allegedly publishing an article that was deemed ‘insulting’ to Elizabeth Ayade, the sister-in-law of Cross River Governor, Ben Ayade.

“Another case involves Ekene Obinali of Umucheke, a traditional ruler in Imo State who was reportedly arrested for allegedly sharing a post on a WhatsApp platform which was said to be critical of Governor Hope Uzodinma. Nnamdi Chude, a social media influencer, was also reportedly arrested for cyberstalking allegedly over a tweet he posted on electoral violence in Anambra State.”

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