SERAP urges NASS to withdraw Nigeria Data Protection Bill

THE Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President, Senator Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to immediately reject and withdraw the Nigeria Data Protection (Amendment) Bill, 2026.

The organisation described the bill as an indirect attempt by the government to regulate social media platforms and increase its control over online expression in the country.

Sponsored by the senator representing Delta North, the bill seeks to mandate all social media platforms, data controllers, and data processors operating in Nigeria to set up physical offices within the country. It also grants the Nigeria Data Protection Commission (NDPC) the authority to halt the operations of any firm that fails to comply with the directive within 30 days.

In a letter dated July 18, 2026, and signed by SERAP Deputy Director Kolawole Oluwadare, the organisation stated that forcing tech companies to build local offices would give the government undue leverage to enforce censorship demands and expose local staff to intimidation.

“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,” Oluware said.

The organisation noted that the bill introduces broad regulatory powers that could block key communication platforms from the Nigerian market, thereby violating the constitutional rights of citizens.

The statement reads in part: “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.”

According to SERAP, the draft legislation is a revival of past legislative proposals aimed at curbing online speech, which had previously faced strict public resistance.

It added that “the 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 organisation warned that the proposed regulatory sanctions mimic the previous suspension of Twitter, which was declared illegal by the ECOWAS Court of Justice for violating media freedom and access to information.

“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,” it warned.

SERAP maintained that while the government had a valid interest in regulatory compliance, the severe penalties outlined in the bill fail the legal tests of necessity, proportionality, and constitutional validity.

It further noted that the bill violates Section 45 of the Nigerian Constitution, which only allows citizens’ fundamental rights to be restricted through lawful means, for genuine purposes, and within limits acceptable in a free society.

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The organisation added that the proposed policy directly threatens free speech, information sharing, civic advocacy, and digital commerce, running contrary to domestic laws like the Nigeria Startup Act 2022.

“Section 39 of the Nigerian Constitution, Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights guarantee the rights to freedom of expression, digital rights, and access to information,” the statement read.

SERAP noted that it would initiate legal proceedings against the National Assembly if the bill is not withdrawn.