By Gloria Ikibah
In a joint reflection timed with the observance of Nigeria’s Democracy Day, five diplomatic missions have issued a collective statement addressing the evolving application of cyber-related legal instruments and their intersection with civil liberties.
Amb. Richard M. Mills, Jr. of the U.S. Embassy, Amb. Richard Montgomery of the British High Commission, Amb. Sanna Selin of the Embassy of Finland, Amb. Svein Baera of Embassy of Norway, and Amb. Pasquale Salvaggio of Canadian High Commission, acknowledged the endurance of Nigeria’s democratic system, now spanning over two and a half decades. 
They highlighted the foundational role of open discourse, and referenced President Tinubu’s own 2024 Democracy Day remarks affirming that “there must be diverse perspectives and viewpoints.”
Noting that “free expression has long been a core value of Nigeria’s democracy,” the statement reemphasised that the national charter preserves this right to protect civic dialogue in the digital and physical spheres. The diplomatic group underscored the importance of safeguarding this ideal in practice, especially as the country navigates the challenges of cyberspace governance.
While commending the intent behind Nigeria’s 2015 Cybercrimes Act—particularly its focus on curbing digital threats, the statement referenced rising concerns about the unintended applications of the law. In April, the National Human Rights Commission issued a formal opinion indicating that amendments to the Act in 2024 risk expanding its utility in ways that might contradict constitutional rights.
Thry further reminded that in 2022, the ECOWAS Court of Justice found the legislation incompatible with regional and international human rights commitments.
“The NHRC’s advisory opinion on freedom of expression warned that it ‘has potentials for abuse, particularly with respect to arrests and prosecutions of activists, journalists, bloggers, and ordinary social media users.
“Misuse of the Cybercrimes Act undermines democratic advancement and civic participation. It also jeopardizes the confidence of investors and risks deterring the innovation needed for economic growth,” the statement asserted.
Referencing a high-profile example, the envoys highlighted the case of Dele Farotimi, who faced 12 charges under the Cybercrimes Act after commenting on alleged judicial misconduct via literary and audio platforms.
“Though the charges were eventually withdrawn, his ordeal highlights a troubling issue – the Cybercrimes Act, originally intended to combat online fraud and cyberterrorism, can be misused as a tool to stifle free expression and undermine democratic engagement.
“Farotimi is not alone. Journalists, activists, and ordinary citizens have faced similar charges for sharing opinions or reporting on alleged corruption”, the envoys statement.
According to official estimates, Nigeria incurrs roughly $500 million annually due to cyber-related incidents. Yet, the missions warned that legislative ambiguity particularly around terms like “false information,” “cyberstalking,” and “insult”—risks broad enforcement.
“We therefore welcome the commitment from Nigeria’s Minister of Information and National Orientation, Mohammed Idris, to collaborate with the National Assembly and relevant stakeholders in reviewing the Cybercrimes Act so that it protects the values enshrined in Nigeria’s constitution,” they stated.
Pointing to economic implications, the missions cautioned that “the Cybercrimes Act’s misapplication, even in a small number of cases, risks detracting the innovators and entrepreneurs the government wants to invest in Nigeria.”
The statement further made a direct appeal to lawmakers: “The undersigned Heads of Mission in Nigeria encourage Nigerian lawmakers to consider reform of the Cybercrimes Act to narrow the definitions of key terms such as ‘false information,’ ‘cyberstalking,’ ‘insult,’ ‘hatred,’ and ‘harassment,’ and ensure those definitions cannot be used erroneously to silence critics and censor expression.”
While noting that this legal conundrum is not unique to Nigeria, the group expressed hope that the Council of Europe’s ongoing support under the Global Action on Cybercrime initiative would assist in bringing the Act in line with globally accepted legal benchmarks.
“Free expression is a precious commodity that relies on all of us to respect it. It is a fundamental tenant of Nigeria’s constitution. Nigerians, and any citizens of countries around the world, should be able to hold and express their views, even if those opinions are unpopular,” the statement added.
