SERAP Urges National Assembly To Withdraw Data Protection Bill

Godswill Akpabio and Tajudeen Abbas

The Socio-Economic Rights and Accountability Project (SERAP) has called on the National Assembly to immediately withdraw the Nigeria Data Protection (Amendment) Bill, 2026, describing the proposed legislation as a veiled attempt to regulate social media and expand government control over online expression.

The organisation specifically urged Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to reject the bill, arguing that several of its provisions violate Nigeria’s constitutional guarantees and international human rights obligations.

The proposed amendment, 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 within the country.

The bill also empowers the Nigeria Data Protection Commission (NDPC) to suspend or prohibit the operations of any platform or entity that fails to comply with the requirement within 30 days.

In a letter dated July 18, 2026, and signed by SERAP Deputy Director Kolawole Oluwadare, the organisation warned that compelling technology companies to maintain physical offices in Nigeria could expose them to political pressure and facilitate government censorship.

“Requirements compelling technology companies to establish local offices would increase government leverage over platforms, facilitate political pressure, make censorship demands easier and expose local employees to retaliation,” SERAP stated.

According to the organisation, the proposed legislation would grant regulators sweeping powers capable of excluding social media platforms from the Nigerian market, thereby exposing millions of Nigerians to violations of their constitutionally protected rights.

SERAP argued that the bill revives previous legislative attempts to regulate social media that attracted widespread criticism and generated serious concerns over freedom of expression.

“The current Bill revives substantially similar proposals previously introduced by Senator Nwoko, raising renewed concerns that localisation requirements are being used as a vehicle for expanding governmental control over digital platforms and online expression,” the letter stated.

The organisation warned that if the legislation is passed in its present form, it would immediately institute legal proceedings to challenge its constitutionality and protect the rights of Nigerians.

“Should the Bill be enacted into law in its current or substantially similar form, SERAP shall promptly take all appropriate legal actions to challenge its legality in the public interest and to ensure that Nigerians’ fundamental rights are fully protected,” it said.

SERAP maintained that governments have a legitimate interest in regulating digital platforms but stressed that such regulation must comply with constitutional provisions and international human rights standards.

The organisation argued that the bill creates an indirect mechanism for shutting down social media platforms by empowering regulators to prohibit their operations without sufficient procedural safeguards.

It pointed out that the proposed law does not require prior judicial authorisation, meaningful opportunities for companies to remedy alleged violations, or consideration of the impact such actions could have on the rights of millions of Nigerians.

According to SERAP, the proposed amendment cannot satisfy the constitutional requirements under Section 45 of the Nigerian Constitution, which permits restrictions on fundamental rights only where they are lawful, necessary and reasonably justifiable in a democratic society.

The organisation also referenced 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 rights to freedom of expression, access to information and media freedom.

Although the proposed amendment differs from the Twitter suspension, SERAP argued that it could produce similar outcomes by allowing regulators to prevent digital platforms from operating in Nigeria.

The rights group further warned that mandatory localisation requirements would undermine Nigeria’s digital economy by increasing operational costs for technology companies, startups, educational institutions, research organisations and artificial intelligence developers.

SERAP noted that the proposal conflicts with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy, both of which seek to encourage innovation and attract investment into the country’s technology sector.

It also argued that no major democratic country imposes blanket requirements compelling every social media platform to establish a physical office before providing services.

The organisation urged lawmakers to uphold constitutional democracy, the rule of law and Nigeria’s digital future by withdrawing the bill before it proceeds further in the legislative process.