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SERAP faults data bill, warns against social media crackdown
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The Socio-Economic Rights and Accountability Project has urged the National Assembly to immediately withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, describing it as a “backdoor attempt” to regulate social media and expand government control over online expression.
The rights group warned that the bill, if passed in its current form, would grant regulators sweeping powers to shut down digital platforms operating in Nigeria, thereby threatening the constitutionally guaranteed rights to freedom of expression, access to information and digital communication.
In a letter dated July 18, 2026, addressed to the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, SERAP said the proposed legislation should be rejected because it violates both the Nigerian Constitution and Nigeria’s international human rights obligations.
The letter was signed by SERAP’s Deputy Director, Kolawole Oluwadare.
Sponsored by Ned Nwoko (APC, Delta North), the bill seeks to compel social media platforms, data controllers and data processors operating in Nigeria to establish physical offices in the country.
It also empowers the Nigeria Data Protection Commission to prohibit or shut down the operations of any entity that fails to comply within 30 days.
SERAP stated that the localisation requirement would expose technology companies to undue political influence and make it easier for authorities to pressure digital platforms.
According to the organisation, “Requirements compelling technology companies to establish local offices would increase government leverage over platforms, facilitate political pressure, make censorship demands easier and expose local employees to retaliation.”
It added, “The Bill would create sweeping powers capable of shutting down or excluding social media platforms from the Nigerian market and expose millions of Nigerians to serious violations of their constitutionally and internationally guaranteed human rights.”
The organisation recalled previous efforts by the National Assembly to regulate social media, noting that they generated widespread public opposition and human rights concerns.
“The current Bill revives substantially similar proposals previously introduced by Senator Nwoko, raising renewed concerns that localisation requirements are being used as a vehicle for expanding governmental control over digital platforms and online expression,” the letter stated.
SERAP warned that it would challenge the legislation in court if it were eventually signed into law.
“Should the Bill be enacted into law in its current or substantially similar form, SERAP shall promptly take all appropriate legal actions to challenge its legality in the public interest and to ensure that Nigerians’ fundamental rights are fully protected,” it said.
The organisation maintained that while governments have a legitimate interest in regulating digital platforms and ensuring compliance with domestic laws, such regulation must conform with constitutional safeguards and international human rights standards.
“Measures regulating digital services should enhance transparency, accountability and users’ rights—not create additional tools for censorship, surveillance or political interference,” SERAP said.
It argued that the bill empowers the Nigeria Data Protection Commission to prohibit the operations of digital platforms without adequate procedural safeguards.
“A law empowering regulators to exclude digital platforms from Nigeria inevitably interferes with the rights of the people who rely upon those platforms. The proposed section 5(p) in the Bill authorises the NDPC to prohibit entities from conducting operations in Nigeria without adequate procedural safeguards,” it stated.
According to SERAP, the proposed legislation contains no requirement for prior judicial authorisation, no obligation to consider less restrictive alternatives, and no meaningful opportunity for affected companies to remedy alleged non-compliance beyond what it described as an arbitrary 30-day period.
“The Bill cannot survive scrutiny under Section 45 of the Nigerian Constitution, which permits restrictions on fundamental rights only where they are prescribed by law, pursue a legitimate objective and are reasonably justifiable in a democratic society,” the organisation added.
It further argued that there was no evidence that existing powers under the Nigeria Data Protection Act were inadequate or that current enforcement mechanisms had failed.
“The Bill imposes one of the most severe sanctions available: the exclusion of digital platforms from Nigeria merely because they have not established a physical office,” SERAP said.
The group also warned that the proposal could undermine Nigeria’s digital economy and innovation ecosystem by discouraging investment and increasing compliance costs for startups, artificial intelligence developers, educational institutions and research organisations.
According to SERAP, “Mandatory localisation requirements substantially increase compliance costs, particularly for startups, open-source projects, educational institutions, research organisations, AI developers and smaller technology companies, while reducing Nigeria’s attractiveness as a destination for innovation and investment.”
The organisation noted that the proposal conflicts with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy.
SERAP also cited the judgment of the ECOWAS Court of Justice in SERAP and Others v. Federal Republic of Nigeria, which held that the Federal Government’s suspension of Twitter violated the rights to freedom of expression, access to information and media freedom.
“Although the present Bill differs from the Twitter suspension in form, it creates the possibility of achieving the same result indirectly by empowering regulators to prohibit digital platforms from operating in Nigeria,” it said.
The organisation further relied on international human rights standards, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Commission’s Declaration of Principles on Freedom of Expression and Access to Information in Africa.
It also referenced warnings by former United Nations Special Rapporteur on freedom of expression, David Kaye, against requiring technology companies to establish local offices as a means of facilitating censorship or indirect governmental pressure over content moderation decisions.
SERAP maintained that no major democratic country requires every social media platform to establish a physical office as a blanket condition for operating.
“The National Assembly should immediately reject and withdraw the Bill, as it is manifestly incompatible with the Nigerian Constitution and Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights,” the organisation said.
It added, “The National Assembly should seize this opportunity to demonstrate its commitment to constitutional democracy, the rule of law and Nigeria’s digital future by immediately withdrawing the Bill.”
The Nigerian Army on Monday disowned a fake advertisement circulating on social media and other online platforms, inviting applications for the Short Service Combatant Commission (SSCC) Course 50/2027.
This was contained in a statement made available to Defence Correspondents in Abuja by the spokesperson of the Service, Colonel Appolonia Anele.
According to the statement, “the Nigerian Army categorically states that this advertisement is false, fraudulent and did not emanate from the Nigerian Army.”
The statement warned members of the public to disregard the fake advertisement and urged prospective applicants not to apply through, patronise or make payments to any individual, group or website claiming to conduct recruitment on behalf of the Service.
It emphasised that all recruitment and commissioning exercises were strictly free, transparent and merit-based, and that official recruitment announcements were made only through national newspapers, the Nigerian Army’s verified social media platforms and other recognised official communication channels.
It declared that “no form is sold and no person or agent is authorised to facilitate recruitment or demand payment at any stage of the process”.
It advised those behind the criminal act to desist immediately, adding that security agencies had been activated to identify, arrest and prosecute all individuals involved in producing, circulating or using the fake advertisement to defraud innocent Nigerians.
The statement warned that anyone found culpable would face the full weight of the law.
The statement reaffirmed that the Nigerian Army remained committed to maintaining the integrity of its recruitment process and urged members of the public to verify all recruitment information through official Nigerian Army channels only.
Suspicious recruitment activities should be reported immediately to the nearest military formation or security agency.
The Office of the Head of the Civil Service of the Federation and the Central Bank of Nigeria have distanced themselves from the establishment and operations of the Presidential Foreign Investment Promotion Council and the Presidential Economic Advisory Council as the House of Representatives continued its investigation into the bodies’ alleged creation without a valid legal framework.
According to Vanguard, both institutions made the disclosures on Monday while appearing before the House Ad-hoc Committee probing the councils’ legal status and operations.
The Head of the Civil Service of the Federation, Mrs Didi Esther Walson-Jack, told the committee that her office had no constitutional responsibility for establishing government agencies, explaining that its role was limited to approving the administrative structures of federal agencies.
“The approval and establishment of agencies is not within the purview of the Office of the Head of the Civil Service of the Federation. However, the OHCSF is responsible for approving the administrative structure of federal government agencies,” a representative of the office told lawmakers.
The official disclosed that the council applied for approval of its organisational structure on August 6, 2025, but the request was declined because it failed to provide the required supporting documents.
“From our records, the council submitted a request to the OHCSF for approval of its organisational structure on the 6th of August, 2025, without providing the requisite documents. Consequently, the request was not granted,” the representative said.
The OHCSF, however, confirmed that officials of the Presidential Economic Advisory Council and the Presidential Foreign Investment Promotion Council sought an establishment and recruitment waiver during the 2025 annual manpower budget defence.
According to the office, the council stated that it had been operating mainly with personnel deployed or seconded from other government institutions and later requested approval for 314 positions, comprising 14 existing staff and 300 additional positions.
The office also informed lawmakers that it later discovered irregularities in the documents presented by the council as its legal basis.
“It was observed that the document presented by the council as its enabling law or legal instrument did not really carry the requisite features,” the representative said.
Walson-Jack also denied claims that her office deployed civil servants to the council or allocated office accommodation to it.
“We wish to state that there was no deployment of staff by the Office of the Head of the Civil Service of the Federation to the council,” she said, adding that issues relating to the establishment and supervision of the council were the responsibility of the Office of the Secretary to the Government of the Federation and other relevant institutions.
Also appearing before the committee, the Central Bank of Nigeria said two foreign currency accounts opened for the Presidential Economic Advisory Council and the Presidential Foreign Investment Promotion Council remained inactive with no funds.
Representing the CBN Governor, Director Hamisu Abdullahi said the accounts were opened following a request from the Office of the Accountant-General of the Federation.
“On July 30, 2025, we received a mandate dated July 29, 2025, from the Office of the Accountant-General of the Federation to open one United States dollar domiciliary account and one Pound Sterling domiciliary account,” Abdullahi said.
He explained that the accounts were never activated because the council failed to provide authorised signatories.
“Those two accounts remain inactive with zero balance and have never been operated,” he said.
Abdullahi added that no financial transactions, including foreign exchange allocations, remittances, inflows or outflows, had been recorded on the accounts since they were opened.
Following the submissions, Chairman of the House Ad-hoc Committee, Abdulmalik Danga, directed the apex bank to submit complete records relating to the accounts.
“We want details of account activities relating to the Presidential Foreign Investment Promotion Council as well as the Presidential Economic Advisory Council. From the opening of the accounts to their last status, this committee wants the complete records,” Danga said.
The Federal Government has dismissed as false reports circulating on social media alleging that the Minister of Defence, General Christopher Gwabin Musa (Rtd.), plans to resign from office.
In a statement issued on Monday, the Office of the Minister described the reports as “malicious” and “entirely fabricated,” urging the public to disregard them.
The statement, titled “False Rumour Regarding the Honourable Minister of Defence,” was signed by the Minister’s Special Assistant on Media, Leah Katung-Babatunde.
According to the statement, the office’s attention was drawn to online reports claiming that General Musa had expressed an intention to step down from his position.
“We wish to state unequivocally and in the strongest possible terms that these rumours are absolute falsehoods borne out of complete mischief,” the statement said.
It added that General Christopher Gwabin Musa (Rtd.), OFR, remains fully focused on his responsibilities and committed to implementing the Federal Government’s national defence and security agenda.
The statement noted that the minister remains dedicated to overseeing the nation’s defence strategy and delivering on his mandate.
The government also urged members of the public and media organisations to verify information through official channels before publishing or sharing it.
“The general public is hereby urged to disregard this fake news. We strongly advise media outlets and internet users to desist from spreading unverified information and to seek clarification from the office on matters concerning the Minister,” the statement added.
The Federal Government reiterated that the Defence Minister remains in office and continues to discharge his duties.
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