By Ebun-Olu Adegboruwa

Conditioning access to Nigeria’s digital market on physical establishment, backed by the threat of prohibition, is neither necessary nor proportionate to any legitimate regulatory objective. Such measures risk facilitating censorship, restricting access to information, discouraging innovation and investment, and encouraging private companies to prioritise political pressure over internationally recognised human rights standards. Both the Foreign Aids (Regulation, Transparency and Disclosure) Bill and the proposed legislation requiring social media platforms to establish physical offices in Nigeria are incompatible with Nigeria’s constitutional, regional and international human rights obligations.

Sections 39 and 40 of the Nigerian Constitution 1999 (as amended) guarantee freedom of expression, peaceful assembly and association, while Section 22 recognises the vital role of the media in holding government accountable.

International covenants and instruments
Nigeria is also bound by the African Charter on Human and Peoples’ Rights, which forms part of Nigerian law through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. Article 1 requires Nigeria to adopt legislative and other measures to give effect to the rights protected under the Charter, including freedom of expression (Article 9), freedom of association (Article 10), freedom of assembly (Article 11) and participation in public affairs (Article 13).

Nigeria is further bound by the International Covenant on Civil and Political Rights (ICCPR). Articles 19, 21, 22 and 25 protect freedom of expression, peaceful assembly, association and participation in public affairs, while Article 2 requires Nigeria to ensure that domestic laws give full effect to these rights. Under Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), Nigeria must ensure that its domestic legal framework remains consistent with its treaty obligations.

Any restriction on these rights must satisfy the requirements of legality, legitimate purpose, necessity and proportionality under Articles 19(3), 21 and 22(2) of the ICCPR. The proposed bills fail to meet these standards. The Foreign Aids Bill is also inconsistent with the United Nations Declaration on Human Rights Defenders. Article 13 recognises the right of everyone, individually and in association with others, to solicit, receive and utilise resources for the peaceful promotion and protection of human rights. Article 3 requires that any regulation of such activities be consistent with the UN Charter and international human rights obligations.

The Bill further conflicts with the African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of Association and Assembly in Africa, which require States to facilitate rather than control the work of associations. It is also inconsistent with Financial Action Task Force (FATF) Recommendation eight, which requires measures affecting non-profit organisations to be targeted, risk-based and proportionate and rejects blanket regulatory approaches.
Pudicial precedents

Regional and international courts have consistently rejected disproportionate restrictions of this nature. The African Court on Human and Peoples’ Rights has affirmed that limitations on Charter rights must satisfy strict requirements of legality, necessity and proportionality and must not destroy the essence of the protected right. Similarly, in Commission v Hungary (Transparency of Associations) (Case C-78/18), the Court of Justice of the European Union held that transparency objectives cannot justify discriminatory or disproportionate restrictions on organisations receiving international support or create a climate of suspicion towards independent civil society.

International cooperation is essential to the work of many Nigerian civil society organisations.

International support enables organisations to undertake human rights monitoring, anti-corruption advocacy, humanitarian assistance, legal aid, election observation, public interest litigation and other activities that strengthen constitutional governance. Such support is a legitimate form of international cooperation, not evidence of foreign interference.

The resolutions
We therefore call upon the Senate President, the Speaker of the House of Representatives, the leadership of both chambers and all members of the National Assembly to:

Immediately withdraw the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), the Bill requiring social media platforms to establish physical offices in Nigeria, and all other pending bills that unjustifiably restrict civic space, the rights to freedom of expression, association, peaceful assembly, media freedom, access to information and democratic participation.

Ensure that all future legislation affecting civil society organisations, digital rights, media freedom or civic participation complies fully with the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and other applicable international human rights standards.

Conduct genuine, transparent and meaningful consultations with civil society organisations, journalists, human rights defenders, professional associations, digital rights organisations, development partners and other affected stakeholders before adopting reforms affecting civic freedoms.

Reaffirm Nigeria’s commitment to constitutionalism, accountability, transparency, the rule of law and respect for human rights.

The National Assembly now faces a defining constitutional choice. It can enact legislation that expands executive control, shrinks civic space and accelerates democratic decline, or it can uphold the Nigerian Constitution, honour Nigeria’s binding regional and international human rights obligations, and reaffirm the country’s commitment to democratic governance, accountability and the rule of law.

We urge the National Assembly to reject these repressive bills in their entirety and instead enact legislation that protect civic space, strengthen transparency and accountability, promote meaningful public participation, and reinforce the constitutional and democratic values on which Nigeria’s future depends.

Adegboruwa, is a Senior Advocate of Nigeria (SAN).