SERAP Raises Alarm Over Data Protection Amendment Bill, Warns It Could Become Tool for Social Media Control

Rights Group Urges National Assembly to Withdraw Proposed Law, Citing Threats to Free Expression, Digital Economy.

The Socio-Economic Rights and Accountability Project (SERAP) has called on the leadership of the National Assembly to immediately reject the proposed Nigeria Data Protection (Amendment) Bill, 2026, warning that the legislation could create a pathway for excessive government control over social media platforms and online expression.

In a letter dated July 18, 2026, addressed to Senate President Senator Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP argued that the Bill, sponsored by Senator Ned Nwoko (APC, Delta North), contains provisions that could undermine constitutional rights and Nigeria’s growing digital economy.

The organisation said the proposed amendment, while presented as a measure to strengthen data protection compliance, could have far-reaching consequences by empowering regulators to restrict the operations of technology companies and digital platforms.

According to SERAP, the controversial provision requiring social media platforms, data controllers and processors operating in Nigeria to establish physical offices in the country could increase government influence over digital platforms and expose companies to undue pressure.

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

Concern Over NDPC Shutdown Powers

A major concern raised by the rights group is the proposed power granted to the Nigeria Data Protection Commission (NDPC) to prohibit the operations of any company that fails to establish a physical presence in Nigeria within 30 days.

SERAP argued that such authority could allow an administrative agency to impose sanctions equivalent to shutting down digital communication platforms without adequate legal safeguards.

The group noted that the Bill does not provide for prior judicial approval, independent review mechanisms, or consideration of less restrictive alternatives before a platform can be prohibited from operating.

According to SERAP, “the practical consequences for millions of Nigerians would be indistinguishable from a platform ban.”

The organisation warned that millions of citizens rely on digital platforms for communication, business activities, education, political participation, civic engagement and access to information.

SERAP Cites Previous Twitter Suspension Controversy

SERAP also referenced the 2021 suspension of Twitter operations in Nigeria, which was later criticised by the ECOWAS Court of Justice as violating citizens’ rights to freedom of expression, access to information and media freedom.

The organisation argued that although the proposed amendment differs from the Twitter suspension in form, it could produce a similar outcome by giving regulators the ability to indirectly prevent digital platforms from operating in Nigeria.

“The National Assembly should not enact legislation capable of producing, through indirect regulatory means, the very restrictions on fundamental rights that regional human rights law prohibits,” SERAP said.

Balancing Regulation With Digital Rights
SERAP acknowledged that governments have a legitimate interest in ensuring that digital platforms operate responsibly and comply with national laws.

However, the group stressed that regulation must respect constitutional guarantees and international human rights standards.

It argued that digital policies should promote transparency, accountability and user protection rather than create mechanisms that could encourage censorship, surveillance or political interference.

The organisation cited Section 39 of the Nigerian Constitution, Article 19 of the International Covenant on Civil and Political Rights (ICCPR), and Article 9 of the African Charter on Human and Peoples’ Rights as protections for freedom of expression and access to information.

Possible Impact on Nigeria’s Technology Sector

Beyond human rights concerns, SERAP warned that mandatory localisation requirements could negatively affect Nigeria’s technology ecosystem by increasing compliance costs for startups, artificial intelligence developers, research institutions and emerging digital businesses.

The group argued that the requirement could conflict with the objectives of the Nigeria Startup Act 2022 and the country’s digital economy policies, which seek to attract innovation and investment.

According to SERAP, forcing technology companies to establish physical offices as a condition for operating in Nigeria could reduce the country’s competitiveness as a destination for global technology investment.

SERAP Threatens Legal Challenge

The organisation warned that if the Bill is passed in its current form or with similar provisions, it would consider legal action to challenge its constitutionality.

SERAP urged lawmakers to withdraw the proposal and instead focus on regulatory approaches that protect citizens’ data while preserving digital freedoms.

The group called on the National Assembly to demonstrate commitment to constitutional democracy, rule of law and Nigeria’s digital future by rejecting provisions it described as excessive and potentially harmful.