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HomeNewsSERAP asks N’Assembly to withdraw Data Protection Amendment Bill

SERAP asks N’Assembly to withdraw Data Protection Amendment Bill

Agency report

The Socio-Economic Rights and Accountability Project (SERAP) on Saturday asked the leadership of the National Assembly to withdraw the proposed Nigeria Data Protection (Amendment) Bill, 2026, saying it is inconsistent with Nigeria’s constitutional guarantees and international human rights obligations.

This is as the organisation warned that it could become a tool to restrict online expression and expand government control over social media platforms.

SERAP urged the Senate President, Sen. Godswill Akpabio and the Speaker of the House of Representatives, Tajudeen Abbas, to halt further consideration of the legislation.

The bill, sponsored by Senator Ned Nwoko (APC, Delta North), seeks to require 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 suspend or prohibit the operations of entities that fail to comply within 30 days.

The letter, which was signed by SERAP Deputy Director Kolawole Oluwadare, argued that compelling technology firms to establish local offices would increase the government’s influence over digital platforms and make censorship easier to enforce.

According to the organisation, the proposed amendment could expose millions of Nigerians to violations of their constitutional rights by creating broad regulatory powers capable of shutting down or excluding digital platforms from the Nigerian market.

SERAP noted that the proposal resembles previous attempts to regulate social media that were met with widespread public opposition and legal concerns.

“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 warned that it would immediately challenge the legislation in court if it becomes law in its current form.

“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.”

SERAP maintained that while governments have the right to regulate digital services, such regulations must comply with constitutional provisions and international human rights standards.

It argued that the proposed legislation grants excessive powers to the NDPC by allowing it to prohibit digital platforms from operating in Nigeria without adequate procedural safeguards or judicial oversight.

According to the organisation, the bill does not require prior court authorisation, provide sufficient opportunities for affected companies to remedy alleged violations beyond the stipulated 30-day period, or assess the impact such actions could have on the rights of millions of Nigerians.

SERAP further argued that the proposed sanctions are disproportionate and fail the constitutional tests of necessity and proportionality under Section 45 of the 1999 Constitution.

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