-
SERAP has urged the National Assembly to immediately withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026.
-
The rights group says the bill would compel social media platforms to establish physical offices in Nigeria and empower the Nigeria Data Protection Commission (NDPC) to shut down or prohibit the operations of non-compliant entities within 30 days.
-
SERAP argues that the proposed legislation violates constitutional and international human rights guarantees, warning that it could pave the way for censorship
-
The organisation has threatened to institute legal proceedings should the Bill be passed in its current or substantially similar form, insisting it would protect Nigerians’ fundamental rights in court.
July 19 , (THEWILL) — The Socio-Economic Rights and Accountability Project (SERAP) has come down hard on the National Assembly over the proposed Nigeria Data Protection (Amendment) Bill, 2026.
It warned that what it described as alleged “backdoor” moves to regulate social media could erode digital rights and constitutional freedoms, while threatening legal action if the legislation is enacted.
In a letter dated July 18, 2026, addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas, the rights organisation urged lawmakers to immediately reject and withdraw the Bill.
It argued that it would expose millions of Nigerians to serious violations of their constitutionally and internationally guaranteed rights.
The proposed legislation, sponsored by Senator Ned Nwoko (APC, Delta North), seeks to compel social media platforms, data controllers, and data processors operating in Nigeria to establish physical offices in the country.
The Bill also empowers the Nigeria Data Protection Commission (NDPC) to prohibit or shut down the operations of any entity that fails to comply with the requirement within 30 days.
SERAP, in the letter signed by its Deputy Director, Kolawole Oluwadare, argued that although the amendment is presented as a measure to strengthen regulatory compliance and consumer protection, its practical effect is far more expansive.
According to the organisation, compelling technology companies to establish local offices would significantly increase government leverage over digital platforms, facilitate political pressure, make censorship demands easier, and expose local employees to retaliation.
Rights Group Warns of Indirect Social Media Ban
SERAP maintained that the Bill revives previous attempts by the National Assembly to regulate social media that generated widespread public opposition and raised serious human rights concerns.
It argued that the proposed amendment amounts to a “backdoor” attempt to regulate online expression through corporate localisation requirements rather than through transparent and constitutionally permissible legislation.
The organisation recalled the judgment of the ECOWAS Court of Justice in SERAP and Others v. Federal Republic of Nigeria, which held that the Federal Government’s suspension of Twitter violated the rights to freedom of expression, access to information, and media freedom guaranteed under the African Charter on Human and Peoples’ Rights.
According to SERAP, although the current proposal differs from the Twitter suspension in form, it creates the possibility of achieving the same result indirectly by empowering regulators to prohibit digital platforms from operating in Nigeria.
“The National Assembly should not achieve indirectly through regulatory localisation requirements what it cannot constitutionally achieve directly through restrictions on social media,” the organisation stated.
SERAP argued that the proposed amendment grants the NDPC sweeping enforcement powers without adequate procedural safeguards.
It noted that the Bill contains no requirement for prior judicial authorisation before digital platforms can be prohibited from operating, no obligation to consider less restrictive alternatives, and no meaningful opportunity for companies to remedy alleged violations beyond what it described as an arbitrary 30-day compliance period.
According to the organisation, the proposal effectively empowers an administrative agency to impose sanctions comparable to a nationwide restriction on digital communication without the constitutional safeguards ordinarily required whenever fundamental rights are involved.
SERAP further argued that the Bill cannot survive scrutiny under Section 45 of the Nigerian Constitution, which permits restrictions on fundamental rights only where they are prescribed by law, pursue legitimate objectives, and are reasonably justifiable in a democratic society.
Beyond concerns over freedom of expression, SERAP warned that the proposed amendment could significantly undermine Nigeria’s digital economy by increasing compliance costs for startups, educational institutions, research organisations, artificial intelligence developers, open-source projects, and smaller technology companies.
The organisation said the proposal conflicts with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy by making Nigeria less attractive for innovation and technology investment.
SERAP also noted that no major democratic jurisdiction requires every social media platform to establish a physical office as a blanket condition for providing services.
SERAP Threatens Court Action
While acknowledging that governments have legitimate interests in ensuring digital platforms comply with domestic laws, SERAP insisted that such regulation must remain firmly anchored in constitutional guarantees and international human rights standards.
The organisation cited the Nigerian Constitution, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, as well as recommendations by the United Nations Human Rights Committee, the African Commission on Human and Peoples’ Rights, and former UN Special Rapporteur on freedom of expression, David Kaye.
SERAP urged the National Assembly to immediately reject and withdraw the proposed amendment, insisting that it threatens freedom of expression, access to information, civic participation, and Nigeria’s digital future.
It warned that if the Bill is enacted in its current or substantially similar form, it will promptly institute legal proceedings in the public interest to challenge its legality and ensure that Nigerians’ fundamental rights are fully protected.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
