SERAP Threatens Lawsuit Over Proposed Social Media Shutdown Bill

By Opeyemi Adelakun

The Socio-Economic Rights and Accountability Project (SERAP) has called on the National Assembly to immediately withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, warning that it would institute legal action if the legislation is passed in its current form.

The bill, 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. It also empowers the Nigeria Data Protection Commission (NDPC) to suspend or prohibit the operations of entities that fail to comply within 30 days.

In a letter dated July 18, 2026, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation described the proposal as a “backdoor attempt” to regulate social media and expand government control over online expression.

SERAP argued that compelling technology companies to establish local offices would expose them to political pressure, facilitate censorship demands and place local employees at risk of retaliation.

According to the organisation, the proposed law would grant sweeping powers capable of shutting down or excluding social media platforms from the Nigerian market, thereby violating the constitutional and internationally guaranteed rights of millions of Nigerians.

“The bill revives substantially similar proposals previously introduced to regulate social media, despite widespread public opposition and serious human rights concerns,” SERAP stated.

The organisation warned that if enacted, the legislation could effectively achieve the same outcome as the Federal Government’s 2021 suspension of Twitter, which the ECOWAS Court of Justice ruled violated the rights to freedom of expression, access to information and media freedom.

SERAP argued that the bill gives the NDPC powers to prohibit digital platforms from operating in Nigeria without adequate procedural safeguards, including prior judicial authorisation or consideration of less restrictive alternatives.

It further maintained that the proposal fails the constitutional tests of necessity and proportionality under Section 45 of the 1999 Constitution, noting that there is no evidence existing provisions of the Nigeria Data Protection Act are inadequate.

The rights group also expressed concern that the proposed amendment would negatively affect Nigeria’s digital economy by increasing compliance costs for startups, educational institutions, research organisations, artificial intelligence developers and smaller technology firms.

According to SERAP, no major democratic country requires every social media platform to establish a physical office as a blanket condition for operating within its jurisdiction.

The organisation maintained that governments have legitimate interests in regulating digital platforms, but insisted such regulations must comply with constitutional guarantees and international human rights obligations rather than creating new tools for censorship, surveillance or political interference.

SERAP warned that should the National Assembly pass the bill in its current or substantially similar form, it would promptly challenge the legislation in court to protect Nigerians’ fundamental rights.

The organisation urged Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to reject and withdraw the bill, insisting that the proposed amendment is incompatible with the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.