The ECOWAS Community Court of Justice sitting in Lagos has directed the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) and the Federal Government of Nigeria, to make oral submissions on their respective originating processes.
The President of the Court, Justice Ricardo Gonçalves, gave the order in an action filed by SERAP.
The advocacy and rights group is asking the court to declare Section 24 of the Cybercrimes Act (as amended) inconsistent with international standards.
According to SERAP’s counsel, Kehinde Oyewunmi, the suit was filed on January 9, 2025, in the interest of Nigerian citizens.
He argued that Section 24 of the Cybercrime Act has been repeatedly abused by Nigerian law enforcement agencies, resulting in violations of the freedom of expression—a fundamental right protected under international human rights standards.
He added that the court has jurisdiction to entertain the matter and that the case was properly admissible before it.
In response, counsel to the Federal Government, Okoye Princewill said they received the applicant’s processes on May 7 and were yet to study the full details. He asked for an extension of time within which to respond to the suit, which SERAP’s counsel Did not object to.
The government counsel also challenged the jurisdiction of the ECOWAS Court, arguing that it lacked the authority to interpret domestic legislation such as the Nigerian Cybercrime Act.
Mr. Okoye also contended that SERAP had failed to show concrete evidence of human rights violations resulting from the Act’s enforcement, accusing the applicant of relying on unverifiable online publications and hearsay, especially in an era dominated by fake news.
He urged the court to dismiss the application on the grounds of lack of jurisdiction and insufficient evidence to support the claims of abuse under Section 24 of the Cybercrime Act.
Justice Gonçalves also informed both parties that the court would communicate a date for judgment in due course.
