The Socio-Economic Rights and Accountability Project has asked the National Assembly to immediately withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, describing it as a backdoor attempt to regulate social media and expand government control over online expression.
SERAP warned that it would institute legal action if the bill is passed in its current or substantially similar form.
The bill, 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 in the country.
It also empowers the Nigeria Data Protection Commission to shut down or prohibit the operations of any entity that fails to comply within 30 days.
In a letter dated July 18, 2026, and addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP said the proposed amendment posed a threat to constitutionally guaranteed rights.
The letter, signed by SERAP Deputy Director Kolawole Oluwadare and issued on Sunday, read in part, “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.
“The Bill would create sweeping powers capable of shutting down or excluding social media platforms from the Nigerian market and expose millions of Nigerians to serious violations of their constitutionally and internationally guaranteed human rights.”
SERAP argued that the bill revives previous attempts to regulate social media that attracted widespread public opposition.
“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,” it said.
The organisation warned that it would challenge the legislation in court if enacted.
“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,” the letter stated.
According to SERAP, the proposed legislation would give the Nigeria Data Protection Commission excessive powers to block digital platforms without adequate procedural safeguards.
“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,” it said.
The group argued that the bill lacks provisions for prior judicial authorisation, meaningful opportunities for compliance beyond the proposed 30-day period, and safeguards to protect the rights of millions of Nigerians who rely on digital platforms.
SERAP also cited the judgment of the ECOWAS Court of Justice on Nigeria’s suspension of Twitter, arguing that the proposed amendment could produce similar consequences by indirectly excluding social media platforms from operating in the country.
“The Bill also risks recreating the very dangers previously condemned by the ECOWAS Court of Justice. In SERAP and Others v. Federal Republic of Nigeria, the Court held that the suspension of Twitter violated the rights to freedom of expression, access to information and media freedom protected under the African Charter.
“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.
“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,” the organisation said.
It maintained that while governments have a legitimate interest in regulating digital platforms, such measures must comply with constitutional guarantees and international human rights standards.
The organisation further warned that mandatory localisation requirements would increase compliance costs for technology companies, startups, educational institutions and artificial intelligence developers.
“The proposed amendment conflicts directly with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy.
“Mandatory localisation requirements substantially increase compliance costs, particularly for startups, open-source projects, educational institutions, research organisations, AI developers and smaller technology companies, while reducing Nigeria’s attractiveness as a destination for innovation and investment.
“No major democratic jurisdiction requires every social media platform to establish a physical office as a blanket precondition for providing services.”
SERAP added, “The National Assembly should immediately reject and withdraw the Bill, as it is manifestly incompatible with the Nigerian Constitution and Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.”
