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.
No comments:
Post a Comment