SERAP Threatens Suit, Asks NASS To Withdraw Data Protection Amendment Bill Over ‘Social Media Regulation’

The Socio-Economic Rights and Accountability Project has urged the National Assembly to immediately withdraw the Nigeria Data Protection (Amendment) Bill, 2026, warning that it could amount to a backdoor attempt to regulate social media and restrict online freedom of expression.

The rights advocacy organisation also threatened to challenge the proposed legislation in court if it is passed in its current form.

In a letter dated July 18, 2026, addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP argued that the bill grants excessive powers to regulators and poses serious risks to Nigerians’ constitutional rights.

The letter, signed by SERAP’s Deputy Director, Kolawole Oluwadare, described the proposed amendment as an indirect means of tightening government control over digital platforms.

Sponsored by Senator Ned Nwoko (APC, Delta North), the bill seeks to compel social media platforms, data controllers and data processors operating in Nigeria to establish physical offices within the country.

It also empowers the Nigeria Data Protection Commission to prohibit or shut down the operations of any organisation that fails to comply with the requirement within 30 days.

SERAP warned that compelling digital platforms to maintain local offices could expose them to political pressure and make it easier for government agencies to demand censorship.

According to the organisation, the proposal would significantly increase government leverage over online platforms while exposing local employees to possible retaliation.

“The bill constitutes a backdoor attempt to regulate social media and increase governmental control over online expression through corporate localisation requirements rather than through transparent and constitutionally permissible regulation,” SERAP stated.

The organisation argued that the proposed amendment could have consequences similar to the Federal Government’s 2021 suspension of Twitter, which was later declared a violation of the right to freedom of expression by the ECOWAS Court of Justice.

“Although the present bill 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,” it added.

SERAP further maintained that the amendment lacks critical safeguards, including prior judicial authorisation, adequate opportunities for compliance and consideration of less restrictive measures before any platform could be shut down.

It also questioned the necessity of the proposed legislation, insisting there was no evidence that the existing Nigeria Data Protection Act was inadequate or that the amendment met constitutional requirements of necessity and proportionality.

Beyond concerns over civil liberties, the organisation warned that the bill could negatively affect Nigeria’s digital economy by raising compliance costs for startups, artificial intelligence developers, educational institutions and smaller technology firms.

According to SERAP, the measure could discourage innovation, weaken investor confidence and make Nigeria a less attractive destination for technology businesses.

The organisation urged lawmakers to withdraw the bill, insisting that it is inconsistent with the provisions of the Nigerian Constitution and Nigeria’s obligations under the African Charter on Human and Peoples’ Rights as well as the International Covenant on Civil and Political Rights.

SERAP warned that should the National Assembly pass the bill without substantial changes, it would institute legal proceedings in the public interest to challenge its constitutionality and protect Nigerians’ fundamental rights.

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