ENUGU, Nigeria (VOICE OF NAIJA)- The Socio-Economic Rights and Accountability Project, (SERAP), has warned the National Assembly to withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, describing the legislation as a disguised attempt to regulate social media and restrict online freedom in Nigeria.
The rights organisation also threatened legal action if the bill is passed in its current form, insisting that several of its provisions violate constitutional guarantees and international human rights obligations.
Vanguard reports that the proposed amendment, 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 (NDC), to suspend or prohibit the operations of companies that fail to comply within 30 days.
In a letter dated July 18, 2026, addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, SERAP argued that the amendment would hand regulators sweeping powers capable of excluding digital platforms from the Nigerian market.
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The letter, signed by SERAP Deputy Director Kolawole Oluwadare, maintained that forcing technology companies to establish local offices would expose them to political pressure, make censorship demands easier and increase government influence over online platforms.
According to the organisation, the proposal revives previous attempts to regulate social media that had generated widespread public opposition and raised serious concerns over freedom of expression.
SERAP warned that although the bill is presented as a data protection amendment, its practical effect would be to create a legal pathway for shutting down social media platforms through regulatory measures rather than direct bans.
The organisation recalled the judgment of the ECOWAS Court of Justice in the case challenging the Federal Government’s suspension of Twitter, where the court held that the action violated citizens’ rights to freedom of expression, access to information and media freedom.
It argued that while the proposed legislation differs from the Twitter ban in form, it could produce similar consequences by allowing regulators to prevent digital platforms from operating in Nigeria.
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SERAP further maintained that the bill grants excessive powers to the NDPC without adequate procedural safeguards, noting that there is no provision requiring prior judicial approval before a platform can be prohibited from operating.
The organisation also faulted the proposed 30-day compliance window, describing it as arbitrary and insufficient, while arguing that the legislation does not require regulators to consider less restrictive alternatives before imposing sanctions.
According to SERAP, empowering an administrative agency to effectively block digital platforms without robust legal protections would amount to an unjustifiable restriction on the fundamental rights of millions of Nigerians.
The organisation insisted that the amendment fails the constitutional tests of necessity and proportionality required under Section 45 of the 1999 Constitution, stressing that there is no evidence existing provisions of the Nigeria Data Protection Act are inadequate.
It also warned that the proposed amendment could undermine Nigeria’s digital economy by increasing compliance costs for startups, technology companies, educational institutions, research organisations and artificial intelligence developers.
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SERAP argued that mandatory localisation requirements would discourage innovation and reduce Nigeria’s attractiveness as a destination for technology investment.
The group cited international human rights standards, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which protect freedom of expression and access to information.
It also referenced positions taken by the United Nations Special Rapporteur on freedom of expression, who has cautioned governments against compelling technology companies to establish local offices as a means of facilitating censorship or exerting pressure over content moderation.
SERAP maintained that no major democratic country requires every social media platform to maintain a physical office as a blanket condition for providing services.
The organisation urged lawmakers to withdraw the bill, warning that if it becomes law without significant amendments, it would institute legal proceedings in the public interest to challenge its constitutionality and protect Nigerians’ digital rights.