The ECOWAS Community Court of Justice sitting in Lagos has commenced proceedings in a fundamental human rights suit filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project, SERAP, against the Federal Government of Nigeria, FGN.
This case was heard by the College of Judges, led by the President of the Court, Justice Ricardo Cláudio Monteiro Gonçalves, Mr. Kehinde Oyewunmi appeared for SERAP and Okoye Princewill for the FGN.
At the onset of the proceedings, counsel to the FGN informed the court of a pending motion seeking an extension of time to respond to the suit.
The application was unopposed by SERAP’s counsel, leading the presiding judge to direct both parties to make oral submissions on their respective applications.
SERAP’s counsel, Mr. Oyewunmi, told the court that 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 freedom of expression, a fundamental right protected under international human rights standards.
The counsel urged the court to declare Section 24 inconsistent with such standards, emphasising that SERAP had submitted a narration of facts and a supporting affidavit to substantiate its claims.
Furthermore, Oyewunmi maintained 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, Mr. Okoye, stated that they received the applicant’s processes only on May 7 and were yet to study the full details.
Nevertheless, he challenged the jurisdiction of the ECOWAS Court, arguing that it lacked the authority to interpret domestic legislation such as the Nigerian Cybercrime Act.
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.
The government’s counsel 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.
Following the submissions, Justice Gonçalves informed both parties that the court would communicate a date for judgement in due course.
The case continues to generate significant public interest, given the increasing concerns around digital rights, free speech, and governmental overreach in Nigeria.
