SERAP Urges National Assembly to Withdraw Data Protection Amendment Bill, Threatens Legal Action

ABUJA, Nigeria — The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to immediately withdraw the Nigeria Data Protection (Amendment) Bill, 2026, warning that it will challenge the proposed legislation in court if passed in its current form.

In a letter issued over the weekend and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation described the bill as “a backdoor attempt to regulate social media and expand governmental control over online expression,” arguing that it conflicts with the Nigerian Constitution and international human rights obligations.

Bill Seeks Local Offices for Social Media Platforms

The proposed amendment, sponsored by Senator Ned Nwoko (APC, Delta North), seeks to require 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 prohibit or shut down the operations of entities that fail to comply with the requirement within 30 days.

SERAP argued that the proposed legislation would give regulators sweeping powers capable of excluding digital platforms from Nigeria, exposing millions of users to potential violations of their constitutionally guaranteed rights.

SERAP Raises Concerns Over Regulatory Powers

The rights organisation criticised the broad powers the bill seeks to grant the NDPC, saying the proposed law lacks sufficient procedural safeguards to protect citizens and businesses.

According to SERAP, the bill does not require prior judicial authorisation before enforcement actions are taken, nor does it compel regulators to consider less restrictive alternatives before prohibiting the operations of affected entities.

The organisation also argued that the proposed legislation provides no meaningful opportunity for organisations to remedy alleged non-compliance beyond what it described as an arbitrary 30-day deadline.

It further noted that the bill does not require the commission to consider the impact of enforcement actions on the fundamental rights of millions of Nigerians.

Comparison with Twitter Suspension

SERAP maintained that the proposed amendment could produce consequences similar to the Federal Government’s 2021 suspension of Twitter in Nigeria.

According to the organisation, the ECOWAS Court of Justice had ruled that the suspension violated the rights to freedom of expression, access to information and media freedom.

The organisation warned that allowing regulators to prohibit the operations of digital platforms under the proposed amendment could raise similar constitutional and human rights concerns.

Organisation Warns of Impact on Digital Economy

SERAP also expressed concern that the bill’s mandatory localisation requirements would increase compliance costs for businesses operating in Nigeria’s digital economy.

It said startups, educational institutions, research organisations, artificial intelligence developers and smaller technology companies could face significant financial and operational challenges if required to establish physical offices in the country.

The organisation urged the National Assembly to reject the amendment, insisting that it threatens the rights of millions of Nigerians who rely on digital platforms to exercise freedom of expression, access information, conduct business, pursue education, participate in politics and engage in civic advocacy.

SERAP warned that it would institute legal proceedings if the bill is passed without substantial amendments to address its constitutional and human rights concerns.

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