Nigeria2022CybercrimeDigital Rights
ng-ecowas-2022-serap-cybercrimes-s24 · ECOWAS Community Court of Justice
Verified entryReviewed by Ademola Adekunbi · 27 June 2026
Holding
The Court held that section 24 of the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015, which criminalises the sending of messages deemed grossly offensive, indecent, obscene or annoying via a computer network, is vague, arbitrary and incompatible with the right to freedom of expression under Article 9 of the African Charter on Human and Peoples' Rights and Article 19 of the ICCPR, and ordered Nigeria to amend the provision.
Why this case matters
First determination by a regional court that a substantive offence in Nigeria's flagship cybercrime statute is incompatible with binding human-rights guarantees, crystallising the tension between cybercrime enforcement and free expression. It establishes that ECOWAS member-state cybercrime statutes are reviewable against the African Charter, and although the 2024 Cybercrime (Amendment) Act retained a narrowed cyberstalking offence, the judgment remains the leading authority constraining prosecutions for 'offensive' online messages across the bloc.
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Entry history
Entry history