Critics argue that some of the proposed provisions could result in excessive government oversight of online activities and revive concerns similar to those
By Mmesoma Onwuka
The Socio-Economic Rights and Accountability Project (SERAP) has called on the National Assembly to suspend further consideration of a proposed amendment to Nigeria’s Data Protection Act, warning that the legislation could undermine digital rights, innovation and investment in the country’s technology sector.
In a letter addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP argued that the bill, sponsored by Senator Ned Nwoko (APC, Delta North), contains provisions that could significantly expand regulatory oversight of online platforms and restrict access to digital services.
The proposed amendment seeks to compel social media companies, data controllers, data processors and certain online businesses operating in Nigeria to establish physical offices within the country. It also prescribes penalties for organisations that fail to comply with the requirement.
While acknowledging the government’s responsibility to ensure compliance with domestic laws, SERAP maintained that any regulatory framework governing digital platforms must be consistent with the Nigerian Constitution and the country’s international human rights obligations.
The organisation warned that granting regulators broad powers over digital platforms without adequate judicial oversight could expose online users and service providers to arbitrary restrictions, particularly on freedom of expression.
SERAP also expressed concern that the mandatory establishment of local offices could discourage investment in Nigeria’s digital economy. According to the group, the proposed requirements may increase operational costs for startups, artificial intelligence developers, research institutions and smaller technology firms, potentially slowing innovation and limiting the sector’s growth.
The bill has generated widespread public debate since it passed second reading in the Senate. Supporters argue that requiring global technology companies to maintain a physical presence in Nigeria would improve regulatory compliance, strengthen enforcement of data protection laws, enhance tax collection and create employment opportunities for Nigerians.
Backers of the proposal also contend that many multinational technology firms generate substantial revenue from Nigerian users while maintaining limited physical operations within the country. Senator Nwoko has consistently defended the bill, stating that its objective is to promote accountability among digital platforms rather than restrict freedom of expression.
However, critics argue that some of the proposed provisions could result in excessive government oversight of online activities and revive concerns similar to those raised during previous disputes between the Nigerian government and major social media platforms.
SERAP said it is prepared to challenge the legislation in court if it is enacted without significant amendments, raising the prospect of a legal showdown over the future of digital rights, online regulation and technology governance in Nigeria.