The Socio-Economic Rights and Accountability Project (SERAP) has called on the National Assembly to withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, warning that the legislation could expand government control over digital platforms and threaten freedom of expression.
In a letter dated 18 July 2026 and addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP described the bill as a “backdoor attempt” to regulate social media and restrict online expression.
The letter, signed by SERAP’s Deputy Director, Kolawole Oluwadare, argued that the proposed legislation violates the Nigerian Constitution as well as Nigeria’s international human rights obligations.
Sponsored by Senator Ned Nwoko (APC, Delta North), the bill seeks to require 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 prohibit or shut down the operations of entities that fail to comply within 30 days.
SERAP argued that the localisation requirement would increase government influence over technology companies, making it easier for authorities to exert political pressure and demand censorship.
The organisation warned that the proposed law would grant regulators broad powers to exclude digital platforms from the Nigerian market, potentially undermining the rights to freedom of expression, access to information and digital communication.
According to SERAP, the proposal revives earlier attempts to regulate social media that faced widespread public opposition and raised significant human rights concerns.
The organisation maintained that while governments have a legitimate interest in regulating digital platforms, any such measures must comply with constitutional protections and international human rights standards.
It argued that the bill would allow the NDPC to prohibit digital platforms from operating in Nigeria without adequate procedural safeguards, including prior judicial authorisation, consideration of less restrictive alternatives or sufficient opportunities for affected companies to address alleged non-compliance.
SERAP further contended that the legislation could not satisfy the constitutional test under Section 45 of the 1999 Constitution, which permits restrictions on fundamental rights only where they are lawful, pursue a legitimate objective and are reasonably justifiable in a democratic society.
The organisation also questioned the necessity of the proposed amendments, arguing that there was no evidence that the enforcement powers contained in the existing Nigeria Data Protection Act were inadequate.
It warned that requiring technology companies to establish local offices would increase compliance costs, discourage innovation and reduce Nigeria’s attractiveness as a destination for technology investment. According to SERAP, startups, artificial intelligence developers, educational institutions, research organisations and smaller technology firms would be disproportionately affected.
The group added that the proposal conflicts with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy.
SERAP also cited the judgment of the ECOWAS Court of Justice in SERAP and Others v. Federal Republic of Nigeria, which ruled that the Federal Government’s suspension of Twitter violated the rights to freedom of expression, access to information and media freedom.
It argued that although the proposed legislation differs from the Twitter suspension, it could produce a similar outcome by empowering regulators to prohibit digital platforms from operating in Nigeria.
The organisation further referenced international human rights instruments, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Commission’s Declaration of Principles on Freedom of Expression and Access to Information in Africa.
It also cited warnings by former United Nations Special Rapporteur on freedom of expression, David Kaye, against requiring technology companies to establish local offices as a means of facilitating censorship or political interference.
SERAP maintained that no major democratic country imposes a blanket requirement for all social media platforms to establish physical offices before operating within its jurisdiction.
The organisation warned that it would challenge the legislation in court if enacted in its current or substantially similar form, insisting that the National Assembly should withdraw the bill in order to safeguard constitutional rights, uphold the rule of law and protect Nigeria’s digital economy.
