By Francis Ajuonuma
The Socio-Economic Rights and Accountability Project (SERAP) has threatened legal action against the National Assembly if lawmakers fail to withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, warning that the legislation could serve as a backdoor mechanism to regulate social media and restrict freedom of expression in Nigeria.
SERAP specifically called on Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to immediately halt further consideration of the bill, describing it as inconsistent with the Nigerian Constitution and international human rights obligations.
The controversial 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 (NDPC) to prohibit the operations of any platform or entity that fails to comply within 30 days.
In a letter dated July 18, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP argued that the proposed legislation would hand the government excessive powers over digital platforms while exposing millions of Nigerians to violations of their constitutional rights.
“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,” SERAP said.
The organisation warned that compelling technology companies to establish offices in Nigeria would increase government influence over online platforms and facilitate 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,” the group stated.
According to SERAP, although the bill is presented as an amendment to improve data protection compliance, its practical effect would be to create a legal framework capable of shutting down social media platforms operating in Nigeria.
The organisation said the proposal revives earlier attempts to regulate social media, which were strongly opposed by civil society groups and ultimately failed.
It recalled that the ECOWAS Court of Justice had ruled against the Federal Government over the suspension of Twitter, holding that the action violated the rights to freedom of expression, access to information and media freedom.
“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 added.
The rights group warned that if enacted, the legislation would empower regulators to achieve indirectly what they could not lawfully achieve through an outright social media ban.
It argued that the proposed amendment contains no safeguards requiring prior judicial authorisation before platforms are prohibited from operating in Nigeria.
According to SERAP, the legislation also fails to provide affected companies with meaningful opportunities to remedy alleged violations before sanctions are imposed.
“The proposed section 5(p) authorises the NDPC to prohibit entities from conducting operations in Nigeria without adequate procedural safeguards,” it said.
The organisation further argued that there is no evidence suggesting existing provisions of the Nigeria Data Protection Act are inadequate or that less restrictive regulatory measures would be ineffective.
SERAP warned that mandatory localisation requirements would increase compliance costs for start-ups, research organisations, educational institutions, artificial intelligence developers and smaller technology firms while discouraging investment in Nigeria’s digital economy.
It noted that no major democratic country requires every social media platform to establish a physical office as a precondition for offering digital services.
The organisation maintained that the proposal conflicts with the objectives of the Nigeria Start-up Act 2022 and the National Digital Economy Policy and Strategy.
It also cautioned that the legislation could undermine innovation, digital entrepreneurship and Nigeria’s international reputation as a technology destination.
SERAP warned that it would not hesitate to challenge the legislation in court should lawmakers proceed with its passage.
“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 organisation declared.
It urged the National Assembly to demonstrate its commitment to constitutional democracy, the rule of law and digital rights by immediately withdrawing the bill.
