Government should take another look at the law Despite amendments to the Cybercrime Act in February 2024, there are growing fears that it is being weaponised to stifle dissent, criminalise critics, and restrict the public rights to information. While congratulating Nigeria on Democracy Day last week, Heads of Missions of five countries aligned themselves with critics of the Act. The Missions, comprising the United States, United Kingdom, Finland, Norway and Canada released a joint statement to raise concerns about some provisions in the Act which they alleged could be abused since they fail to provide sufficient safeguards. In calling on the federal government to amend the Cybercrime Act, particularly areas that are overly broad and vague, representatives of the five countries argued that its misuse is not only a threat to freedom of expression, but that it also undermines Nigeria’s digital and economic potential. “The implications extend beyond free expression. Nigeria’s economic future depends on its ability to innovate and attract investment in the digital age,” they stated. “However, the Cybercrimes Act’s misapplication, even in a small number of cases, risks detracting from the innovators and entrepreneurs the government wants to invest in Nigeria.” With Nigeria high on internet-based crimes, committed with the aid of computer and electronic devices, the Cybercrime Act was a necessary law. From phishing, fraudulent emails, advance fee fraud to hacking, the crime, locally called ‘Yahoo’ is committed by mostly young men. The alarming trend of the fraud despite sanctions prompted the federal government to amend the Cybercrime Act 2015, to curb the misuse of the cyberspace for criminal activities. For instance, cybercrime reportedly accounted for about 43 per cent of total monetary loss due to fraud in 2016. These losses impacted negatively on individuals, businesses and the government in terms of business disruption and revenue losses. The amended Act signed into law by President Bola Tinubu in 2024 was meant to address the evolving methods cybercriminals use to exploit the country’s digital space and strengthen the legal framework. The amended Act also increases the government’s ability to deal with terrorism, money laundering, and provides mechanisms for international cooperation in investigating and prosecuting cybercriminals. But even so, the modified Act falls short of expectations in many areas, especially regarding the accountability of government officials. Indeed, earlier in the year, the Nigerian Guild of Editors (NGE) had joined other groups in calling for the outright suspension of the implementation of the Cybercrime Act. The groups decried a sharp rise in attacks on press freedom and civil liberties, and cited Section 24 of the amended Act as a weapon routinely employed against journalists, bloggers, activists, and even ordinary citizens. Only last April, Nigeria’s National Human Rights Commission (NHRC) also expressed concerns about the 2015 Act, and its amended version, and warned that it had potential for abuse, “particularly with respect to arrests and prosecutions of activists, journalists, bloggers, and ordinary social media users.” Besides, the amended Act fell short of a 2022 judgment by the ECOWAS Court of Justice, which ruled Section 24 of the original law as vague, arbitrary, and in violation of international human rights treaties such as the African Charter on Human and Peoples’ Rights. The amended version retains ambiguous terms, especially under provisions relating to “cyberstalking”, leaving room for potential abuse. Foreign Missions often underline cases of critics of political office holders and prominent citizens who have been charged under the Act. Even though most of these charges were later withdrawn, the cases highlight 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,” according to the statement by the five countries. We hope that the federal government will take heed.