Saturday, 22 March 2025

Senator Ned Nwoko’s Data Protection Bill: A Wolf in Sheep’s Clothing?


 The proposed Bill to Amend the Data Protection Act (SB 650, 2025), sponsored by Senator Ned Nwoko, has ignited fierce debate. While framed as a solution to tax evasion, unemployment, and digital accountability, critics argue the bill risks becoming a weaponized tool to stifle dissent and shield powerful elites—including its sponsor—from public scrutiny.

A History of Abusing Laws to Silence Critics

Nigeria already has a troubling track record of weaponizing laws like the Cybercrimes Act 2015 and Criminal Defamation statutes to target journalists, activists, and ordinary citizens. Recent examples include:

1 The activist and lawyer Dele Farotimi, was charged under the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (As Amended) for alleged bullying and harassment and disseminating false information for the purpose of causing breakdown of law and order, through his online expressions .

2. Agba Jalingo’s Detention: The Cross River-based journalist was charged with “cyberstalking” and treason after reporting on alleged corruption involving a state governor. International outcry forced his release after months in detention.

3.    Abubakar Idris: The blogger, known as Dadiyata, vanished August 2, 2019 after criticizing Kaduna State politicians on social media. His whereabouts remain unknown.

4. #EndSARSCrackdown (2020): Authorities targeted protesters and supporters online, freezing bank accounts and threatening social media users under “cyberbullying” charges.

5.   In September 2023, Chioma Okoli, a Lagos-based entrepreneur, criticized Nagiko Tomato Mix on Facebook, calling it overly sweet and suggesting it could be harmful. Her post garnered significant attention, leading Erisco Foods to file a petition accusing her of defamation and cyberbullying.

Subsequently, Okoli was arrested by plainclothes police officers while attending church. She was detained overnight in a cell with poor conditions before being transferred to Abuja for further questioning.

The manufacturer, Erisco Foods, accused her of defamation and cyberbullying. She was arrested during church, detained overnight, and transferred to Abuja under Nigeria’s Cybercrime Prohibition Act, facing up to three years in prison. The case sparked public outrage, with Amnesty International condemning it as a threat to free speech. While Erisco defended its actions, critics saw it as corporate overreach and misuse of cybercrime laws to silence consumer opinions. Okoli’s ordeal highlights the growing suppression of digital expression in Nigeria.

These cases reveal how existing laws are abused to punish criticism, not combat crime. Adding mandatory blogger registration and physical office requirements risks amplifying this repression. As Amnesty International noted in 2024, “Nigerian authorities increasingly conflate dissent with ‘fake news’ to justify censorship.”

The Hypocrisy of “Taxation” and “Accountability”

Senator Nwoko’s bill claims to target “big tech tax evasion,” yet glaring contradictions undermine its credibility. The alleged $10 billion loss cited by Nwoko lacks verifiable data.

Major technology companies such as Google, Meta (formerly Facebook), and others have been contributing to Nigeria's tax revenues. According to a report by The Punch, these companies paid approximately 3.85 trillion in taxes to the Federal Government during the first nine months of 2024. This amount includes both Company Income Tax (CIT) and Value Added Tax (VAT), reflecting a 68.12% increase from the 2.29 trillion collected during the same period in 2023.

Similarly, the National Information Technology Development Agency (NITDA) reported that foreign digital companies, including interactive computer service platforms and internet intermediaries, contributed over 2.55 trillion (approximately $1.5 billion) in taxes in the first half of 2024.

These figures indicate a significant increase in tax compliance and revenue from big tech companies operating in Nigeria.

Forcing companies to open offices ignores modern remote-work trends. Instead, Nigeria could adopt global models like the OECD’s Digital Tax Framework, which ensures fair taxation without physical presence mandates.

Meanwhile, the bill’s focus on bloggers—a loose term encompassing millions of Nigerians—appears politically motivated. Requiring bloggers to “register with a union” or maintain “verifiable addresses” creates bureaucratic barriers that disproportionately affect small-scale creators and government critics.

Ned Nwoko’s Personal Baggage and Motives

Critics allege Senator Nwoko’s bill is a retaliatory move to silence online scrutiny of his lifestyle. The senator, married to actress Regina Daniels (30 years his junior), has faced viral gossip about alleged affairs with younger women, including actress Chika Ike. In 2025, blogs like Instablog9ja amplified rumors linking him to Ike, sparking social media mockery.

Nwoko’s response? A fiery speech condemning “fake news” and “reckless bloggers.” Weeks later, SB 650 was tabled. When lawmakers rush to regulate speech after personal scandals, it reeks of vendetta, not public interest.

Better Solutions Exist

The misinformation crisis in Nigeria is real, but SB 650 is a dangerous remedy. Alternatives include:

1.    Public Education Campaigns: Partner with the National Orientation Agency and civil society to teach digital literacy, critical thinking, and fact-checking.

2. Strengthen Existing Laws: Enforce penalties for proven defamation or incitement without criminalizing free speech.

3.   Incentivize Big Tech Collaboration: Offer tax breaks for tech companies to establish local hubs voluntarily, fostering jobs and cooperation on content moderation.

4. Protect Whistleblowers: By protecting and  safeguarding citizens who expose corruption, the need for anonymous criticism would reduce.

Conclusion: A Democratic Backslide in Disguise?

Senator Nwoko’s bill risks entrenching authoritarianism under the guise of “economic patriotism.” By conflating legitimate taxation goals with oppressive registration schemes, it echoes tactics used by dictatorships to mute opposition.

The digital space is the last frontier of free expression in Nigeria. Once regulated by political interests, democracy itself is bound to collapse. For a nation already ranked 112th/180 on the Press Freedom Index, SB 650 could be the final nail in the coffin.

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