The Socio-Economic Rights and Accountability Project (SERAP) has urged the National Assembly to immediately withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, warning that the legislation is a disguised attempt to regulate social media and could pave the way for the shutdown of digital platforms in Nigeria.
The rights group also threatened legal action if the bill is passed in its current form, saying it would challenge the legislation in court to protect Nigerians’ constitutional rights.
In a letter dated July 18, 2026, addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP described the bill as “a backdoor attempt to regulate social media and expand governmental control over online expression.”
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The bill, sponsored by Senator Ned Nwoko (APC, Delta North), seeks to compel social media companies, 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 or shut down the operations of any entity that fails to comply within 30 days.
SERAP argued that such provisions would significantly increase the Federal Government’s influence over digital platforms while exposing companies and their employees to political pressure.
“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 organisation said.
According to SERAP, the proposed legislation revives previous attempts to regulate social media that generated widespread public opposition.
“The current 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 stated.
SERAP warned that if enacted, the law could give regulators sweeping powers to effectively ban social media platforms from operating in Nigeria, thereby violating the rights of millions of Nigerians who rely on digital platforms for communication, business, education, civic engagement and political participation.
It argued that the bill lacks adequate safeguards against abuse, noting that the NDPC would be empowered to prohibit digital platforms without judicial approval or sufficient procedural protections.
“The Bill contains no requirement for prior judicial authorisation, no obligation to consider less restrictive alternatives, no meaningful opportunity to remedy alleged non-compliance beyond the arbitrary 30-day period, and no requirement to consider the impact of any prohibition on the fundamental rights of millions of Nigerians,” SERAP said.
The organisation further maintained that the proposed law would fail the constitutional tests of legality, necessity and proportionality under Section 45 of the 1999 Constitution.
While acknowledging the government’s legitimate interest in regulating digital platforms, SERAP insisted that any regulation must comply with constitutional guarantees and international human rights obligations.
“Measures regulating digital services should enhance transparency, accountability and users’ rights—not create additional tools for censorship, surveillance or political interference,” it said.
The organisation also cited the judgment of the ECOWAS Court of Justice, which ruled that the Federal Government’s suspension of Twitter violated the rights to freedom of expression and access to information.
SERAP argued that although the current bill differs in structure, it could achieve a similar outcome by empowering regulators to exclude digital platforms from the Nigerian market.
“The National Assembly should not enact legislation capable of producing, through indirect regulatory means, the very restrictions on fundamental rights that regional human rights law prohibits,” the group stated.
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Beyond concerns over freedom of expression, SERAP warned that the bill could hurt Nigeria’s digital economy by increasing compliance costs for startups, technology firms, research organisations and artificial intelligence developers.
It argued that compulsory localisation requirements would discourage investment and innovation while conflicting with the objectives of the Nigeria Startup Act 2022 and the National Digital Economy Policy and Strategy.
SERAP noted that no major democratic country requires every social media platform to establish a physical office as a blanket condition for offering services.
The organisation urged lawmakers to reject the bill entirely, insisting that Nigeria should prioritise policies that encourage digital innovation rather than create mechanisms capable of restricting online communication.
It warned that should the legislation become law in its current or substantially similar form, it would immediately institute legal proceedings in the public interest to challenge its constitutionality and safeguard Nigerians’ digital rights.
