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SERAP Urges National Assembly to Withdraw Data Protection Amendment Bill Over Social Media Concerns

The Socio-Economic Rights and Accountability Project (SERAP) has called on the leadership of the National Assembly to immediately withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, describing it as a disguised attempt to regulate social media and restrict online expression in Nigeria.

In a letter dated July 18, 2026, addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, the organisation argued that the proposed legislation would give government agencies excessive powers over digital platforms while undermining constitutionally protected rights.

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 within the country. It also empowers the Nigeria Data Protection Commission (NDPC) to prohibit any affected platform from operating if it fails to comply within 30 days.

Signed by SERAP’s Deputy Director, Kolawole Oluwadare, the letter warned that forcing technology companies to establish local offices could expose them to political pressure, make censorship demands easier and place local employees at risk of retaliation.

According to the organisation, the proposal could effectively provide regulators with the authority to exclude social media platforms from Nigeria, thereby affecting millions of citizens who rely on such services for communication, access to information, business, education and civic participation.

SERAP maintained that the proposed amendment closely resembles previous legislative attempts to regulate social media, many of which generated widespread public opposition over concerns about freedom of expression. The rights group further warned that if the legislation is enacted in its current or substantially similar form, it would initiate legal proceedings to challenge the law in court, insisting that the measure conflicts with both Nigeria’s Constitution and international human rights obligations.

It also referenced the judgment of the ECOWAS Court of Justice in SERAP and Others v. Federal Republic of Nigeria, which held that the suspension of Twitter violated rights to freedom of expression, access to information and media freedom. According to the organisation, although the current proposal differs in structure, it could produce similar consequences by allowing regulators to indirectly shut down digital platforms.

SERAP argued that the bill grants the NDPC broad enforcement powers without sufficient safeguards such as prior judicial approval, meaningful appeal mechanisms or consideration of less restrictive alternatives before sanctions are imposed.

The organisation also contended that there is no evidence existing provisions under the Nigeria Data Protection Act are inadequate or that current enforcement mechanisms have failed, making the proposed restrictions unnecessary and disproportionate.

Beyond human rights concerns, SERAP warned that mandatory localisation requirements could increase compliance costs for startups, educational institutions, AI developers, research organisations and smaller technology firms, potentially weakening Nigeria’s digital economy and discouraging innovation and investment.

The organisation noted that no major democratic country requires every social media platform to establish a physical office as a blanket condition for providing services. SERAP urged lawmakers to reject the bill, insisting that regulation of digital platforms should promote transparency, accountability and consumer protection without creating new avenues for censorship or government interference in online expression.

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