A statement issued on Sunday by the Deputy Director of SERAP, Mr., Kolawole Oluwadare, said that the group was suing the government for “the frequent and repressive application of the Cybercrime Act to harass, intimidate, arbitrarily arrest, detain, and unfairly prosecute anyone found publishing views or facts perceived to be critical of the government at the federal and state levels and government officials.”
In the suit filed by its Solicitor Mr. Femi Falana last week at the ECOWAS Court, SERAP argued that: “The Federal Government and several state governments and their agents have trampled on the rights to freedom of expression and information of bloggers, journalists, activists, and social media users through the repressive use and implementation of the vaguely worded provisions of the Cybercrime Act.”
The group noted that the idea of democracy is that the people are encouraged to express their criticisms of elected government officials, with the expectation that it will improve the process of government.
The organization is, therefore, a declaration among others that the actions of the governments violate the rights to freedom of expression, information, opinion and privacy and media freedom, guaranteed under Articles 6,8,9 and 24 of the African Charter on Human and Peoples’ Rights; Articles 7,9,17 and 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party
It added that a declaration that the provisions of the Cybercrime (Prohibition Prevention, etc) Act 2015 are entirely inconsistent and incompatible with international human rights standards and infringe on the rights to the freedom of expression, information and opinion guaranteed under the African Charter on Human and Peoples’ Rights
According to local media reports on Monday, the group is also demanding that a declaration that the continuing use and application by the Defendant and its agents and several states in Nigeria of the Cybercrime is illegal and unlawful, as it amounts to breaches of obligations to respect, protect, promote and fulfil the rights to freedom of expression and information and media freedom
The reports said that a date had not been fixed for the hearing of the suit.